JK 

1963 

N4A? 
W22 


UC-NRLF 


7DD 


NEW  HAMPSHIRE 

'RIM ARY  AND  ELECTION 

LAWS 


PUBLISHED  BY 

EDWIN     C.     BEAN 

SECRETARY  OF  STATE 

1922 


4798 


NEW  HAMPSHIRE 

PRIMARY  AND  ELECTION 

LAWS 


PUBLISHED  BY 

EDWIN    C.    BEAN 

SECRETARY  OF  STATE 
1922 


Printed  by    % 

LEW  A.   CUMMINGS  CO., 
MANCHESTER,  N.  H. 


Bound  by 

CRAGG  BINDERY 
CONCORD,    N.    H. 


Rights  and  Qualifications  of  \  otei  s 

Constitutional  Bill  of  Rights,  Article  XI.  •  All  elections 
ought  to  be  free;  and  every  inhabitant  of  the  state,  having 
the  proper  qualifications,  has  equal  right  to  elect  and  be 
elected  into  office;  but  no  person  shall  have  the  right 
to  vote,  or  be  eligible  to  office  under  the  constitution 
of  this  state,  who  shall  not  be  able  to  read  the  consti- 
tution in  the  English  language,  and  to  write;  provided, 
Jiowever,  that  this  provision  shall  not  apply  to  any  per- 
son prevented  by  a  physical  disability  from  complying  with 
its  requisitions,  .  .  .  and  provided,  further,  that  no  person 
shall  have  the  right  to  vote,  or  be  eligible  to  office  under  the 
constitution  of  this  state  who  shall  have  been  convicted  of 
treason,  bribery,  or  any  willful  violation  of  the  election  laws 
of  this  state  or  of  the  United  States;  but  the  Supreme  Court 
may,  on  notice  to  the  Attorney-General  restore  the  privileges 
of  an  elector  to  any  person  who  may  have  forfeited  them  by 
conviction  of  such  offenses. 

P.  S.,  CHAP.  31,  SECTION  1.  Every  male  tinhabitant  of 
each  town,  being  a  native  or  naturalized  citizen*  of  the 


f'Male"  provision  superceded  by  woman  suffrage  amendment 
to  U.  S.  constitution. 

WHO    ARE    CITIZENS? 

*Persons  born  outside  of  the  United  States,  whose  fath- 
ers were  at  the  time  of  their  birth  citizens  of  the  United 
States,  are  themselves  citizens;  but  citizenship  does  not 
descend  to  children  whose  father  never  resided  in  the  United 
States. 

A  woman,  who  marries  a  citizen  and  who  might  herself 
be  lawfully  naturalized  shall  be  deemed  a  citizen;  and  it 
is  immaterial  that  she  never  came  to  the  United  States  until 
after  the  death  of  her  husband.  His  becoming  a  citizen 
makes  her  a  citizen  if  she  is  capable  of  being  naturalized,  that 
is  if  she  is  a  free  white  woman.  But  if  the  husband's 
citizenship  or  naturalization  is  not  complete  before  his  death, 
he  having  declared  his  intention  only,  his  widow  and  minor 
children  may  become  citizens  by  taking  the  oath  prescribed 
by  law.  And  an  alien  becoming  a  citizen  by  marrying  a  citi- 
zen, becomes  an  alien  again  if  upon  his  death  she  marry  an 
alien,  her  status  still  following  that  of  her  husband. 


M147325 


United  States,  of  the  z.gb  of  twenty-one  years  and  upward, 
excepting  paupers  and  persons  excused  from  paying  taxes  at 
their  own  request,  shall  have  a  right,  at  any  meeting,  to  vote 
in  the  town  in  which  he  dwells  and  has  his  home. 

SECT.  2.  No  person  shall  be  considered  a  pauper  with- 
in the  meaning  of  the  preceding  section  unless  he  has 
been  assisted  as  such  within  ninety  days  prior  to  the  meet- 
ing in  which  he  claims  the  right  to  vote. 

SECT.  3.  No  soldier  or  sailor  who  served  in  the  late 
Rebellion  and  has  been  honorably  discharged  shall  be  deprived 
of  his  right  to  vote  by  reason  of  having  received  assistance 
from  any  town  or  county. 

SECT.  4.  No  person  shall  be  deprived  of  his  right  to  vote 
by  reason  of  having  been  excused  from  paying  taxes  in  any 
town  at  his  own  request,  if  he  shall,  before  he  offers  to 
vote,  tender  payment  of  all  taxes  assessed  against  him  during 
the  year  prior  to  his  offer  to  vote,  to  the  moderator,  to  the 
collector  of  taxes,  or  to  one  of  the  selectmen,  and,  at  the 
time  he  offers  to  vote,  present  evidence  of  such  tender. 

SECT.  5.  No  person  shall  be  deprived  of  his  right  to  vote  by 
reason  of  having  received  assistance  from  any  town  or  county, 
for  himself  or  family,  within  ninety  days,  if  he  shall  tender 
payment  as  aforesaid  of  all  reasonable  expenses  which  euch 
town  or  county  has  incurred  for  such  assistance  within  said 
time,  but,  upon  making  such  tender,  shall  have  his  name 
placed  upon  the  check-list,  and  his  vote  shall  be  received. 

SECT.  6.  Any  money  received  under  ths  provisions  of  the 
two  preceding  sections  shall  be  paid  to  the  town  or  county 
entitled  thereto  by  the  person  .receiving  the  same. 

SECT.  7.  No  alien  not  naturalized  shall  be  entitled  to  vote 
at  any  town  meeting. 


If  a  father  is  naturalized,  his  minor  children  become  citi- 
zens if  they  are  dwelling  within  the  United  States  at  the 
time  of  his  naturalization ;  and  so  of  the  minor  children  of  a 
widow  who  is  naturalized. 

Superior  courts  are  courts  of  naturalization  in  New  Hamp- 
shire. 


RESIDENCE    DEFINED. 

SECT.  8.  No  person  shall  be  considered  as  dwelling  or 
having  his  home  in  any  town,  for  the  purpose  of  voting  ocr 
being  voted  for  at  any  meeting  unless  he  shall  have  resided 
within  such  town  six  months  next  preceding  the  day  of 
meeting;  provided,  however,  that  any  legal  voter  moving  from 
one  ward  to  another  ward  in  the  same  city,  or  from  one  city 
or  town  to  another  city  or  town,  within  six  months  next  prior 
to  any  election,  shall  not  be  deprived  of  the  right  of  voting 
at  such  election,  in  the  ward,  city,  or  town  from  which  ha 
removed,  if  prior  to  such  removal  he  shall  file  a  declaration 
in  writing  with  the  clerk  of  the  city  or  town  from  which  he 
is  to  remove,  that  he  intends  to  vote  at  such  election  in  the 
ward  and  city  or  town  from  which  he  removed. 

SECT.  9.  A  residence  acquired  by  any  person  in  any  town 
shall  not  be  interrupted  or  lost  by  a  temporary  absence  there- 
from, with  the  intention  of  returning  thereto  as  his  home. 

SECT.  10.  Any  person  who  shall  exercise  the  privilege  of 
voting  at  an  election  in  any  town  within  this  or  any  other 
state  shall  be  deemed  by  that  act  to  have  elected  such  town 
to  be  his  legal  residence  for  the  purpose  of  voting,  and  shall 
thereafter  be  disqualified  to  vote  in  any  other  town  until  he 
shall  have  gained  a  new  residence  as  hereinbefore  provided. 


Supervisors  and  the  Check-list 

P.  S.,  CHAP.  32,  SECTION  1.  A  board  of  supervisors  of  the 
check-list,  consisting  of  three  legal  voters  in  each  town, 
shall  be  chosen  at  each  biennial  election ;  but  no  person  shall 
be  supervisor  and  selectman  at  the  same  time.  No  super- 
visor shall  act  as  moderator,  clerk  or  ballot  inspector. 

SECT.  2.  They  shall  be  sworn  before  entering  upon  the 
discharge  of  their  duties. 

SECT.  3.  They  shall  hold  office  for  two  years  and  until 
others  are  chosen  and  qualified  in  their  stead. 

SECT.  4.  Vacancies  in  the  board  may  be  filled  by  the 
remaining  members;  if  not  filled  by  them  seasonably  for  the 
performance  of  the  duties  of  the  office,  or  if  the  whole  board 


shall  be  vacant,  the  selectmen  shall  make  the  appointments. 
In  all  cases  appointments  shall  be  made  in  writing  and  be 
recorded,  and  the  appointees  shall  hold  office  for  the  unex- 
pired  term. 

MAKING   UP    CHECK-LIST. 

SECT.  5.  The  board  shall  make  and  post,  at  two  pr  more  of  the 
most  public  places  in  town,  a  complete  alphabetical  list  of 
all  the  legal  voters  in  the  town,  fourteen  days  before  the  day 
of  any  election  at  which  such  list  is  to  be  used. 

Supervisors  of  the  check-list  shall  prepare  and  post  check- 
lists for  use  at  the  annual  town  meetings  in  March,  in  the  same 
manner  as  they  were  required  to  do  when  moderators  were 
chosen  at  such  annual  town  meetings;  and  all  provisions  of 
the  Public  Statutes  applicable  to  the  preparation  and  posting 
of  check-lists  for  biennial  elections  shall  apply  to  annual  town 
meetings. 

SECT.  6.  They  shall  be  in  session  for  the  correction  of  the 
check-list,  at  some  suitable  place  in  town,  two  days  at  least, 
before  the  day  of  the  election,  one  of  which  shall  be  the  day 
next  preceding  that  of  election  and  upon  which  all  hearings 
shall  be  closed.  If  the  town  has  more  than  six  hundred  legal 
voters,  the  first  session  shall  be  upon  the  Tuesday  next  preceding 
the  day  of  election,  and  shall  be  adjourned  from  day  to  day 
until  all  claims  have  been  heard  and  decided.  Notice  of  the 
day,  hour,  and  place  of  each  session  shall  be  given  upon  the 
posted  check-lists. 

NAMES    TO   GO   ON    CHECK-LIST. 

SECT.  7.  The  supervisors  shall  hear  all  applications  for  a 
correction  of  the  check-list,  and  the  evidence  submitted  thereon 
and  shall  correct  it  according  to  their  best  knowledge,  so  that 
it  shall  contain  the  names  of  those  persons  only  who  are 
legal  voters  in  the  town.  They  may  administer  oaths  to  per- 
sons who  appear  to  testify  before  them.  The  qualifications  of 
an  applicant  shall  be  determined  by  the  supervisors,  who  shall 
examine  him  under  oath  relative  thereto,  and  shall,  unless  he  is 
prevented  by  physical  disability,  or  unless  he  had  the  right 
to  vote,  or  was  sixty  years  of  age  or  upwards,  on  the  first 


day  of  January  in  the  year  nineteen  hundred  and  four,  require 
him  to  write  and  to  read  in  such  manner  as  to  show  that  he 
is  not  being  assisted  in  so  doing  and  is  not  reciting  from 
memory.  Supervisors  shall  be  provided  by  the  secretary  of 
state  with  a  copy  of  the  constitution  of  the  state  printed  on 
uniform  pasteboard  slips,  each  containing  five  lines  of  the 
constitution,  printed  in  double  small  pica  type  and  suitable 
writing  books  in  which  to  write.  The  supervisors  shall  place 
said  slips  in  a  box  provided  by  the  secretary  of  state,  which 
shall  be  so  constructed  as  to  conceal  them  from  view.  Each 
applicant  shall  be  required  to  draw  one  of  said  slips  from 
the  box  and  read  aloud  the  five  lines  printed  thereon  and  to 
write  one  line  printed  on  said  slip  and  sign  his  name  thereto, 
in  full  view  and  hearing  of  the  supervisors.  Each  slip  shall 
be  returned  to  the  box  immediately  after  the  test  is  finished, 
and  the  contents  of  the  box  shall  be  shaken  up  by  a  super- 
visor before  another  drawing  is  made.  No  person  failing  to 
read  the  constitution  as  printed  on  the  slip  thus  drawn,  and 
to  write  as  aforesaid,  shall  be  registered  as  a  voter.  The 
supervisors  shall  keep  said  slips  in  said  box  at  all  times.  The 
secretary  of  state  shall  upon  request  provide  new  sMps  and 
writing  books  to  replace  those  used  up,  worn  out,  or  lost. 

SECT.  8.  If  the  supervisors  at  any  session  holden  for  the 
coreection  of  the  check-list,  on  receiving  satisfactory  evidence 
tha\t  any  person  whose  name  is  on  the  list  is  not  a  legal  voter, 
shall  neglect  or  refuse  to  erase  such  name  from  the  list,  or 
shall  neglect  or  refuse  to  insert  on  the  list  the  name  of  any 
person  who  is  a  legal  voter,  having  satisfactory  evidence 
thereof,  or  shall  neglect  or  refuse  to  hear  or  examine  any 
evidence  offered  for  such  purpose  in  either  of  the  cases 
aforesaid  or  shall  at  any  time  insert  on  the  list  the  name  of 
any  person  not  a  legal  voter,  knowing  such  to  be  the  case, 
or  shall  knowingly  erase  therefrom  or  omit  to  insert  the  name 
of  any  legal  voter,  he  shall  be  fined  not  more  than  fifty  dol- 
lars for  each  offense. 

SECT.  9.  On  the  day  of  election,  before  opening  the  meet- 
ing, they  shall  subscribe  and  make  oath  to  the  following 
certificate  on  the  back  of  the  check-list,  as  corrected  by  them: 
We,  the  supervisors  of  the  check-list  of  the  town  (or  ward)  of 


8 

,  do  solemnly  swear,  that,  according  to  our  best 

knowledge,  the  within  list  contains  the  names  of  those  persons 
only  who  are,  by  actual  residence,  legal  voters  in  said  town 
(or  ward).  So  help  us,  God. 

They  shall  hie  a  true  copy  of  the  corrected  list,  attested  by 
them,  with  the  town  clerk.  Any  person  who  swears  falsely 
in  making  such  certificate  shall  be  guilty  of  perjury. 

SECT.  10.  The  check-list,  as  corrected  by  the  supervisors, 
shall  be  open  for  the  examination  of  every  citizen  at  all 
times  before  the  opening  of  the  meeting. 

SECT.  11.  The  check-list  shall  be  used  in  the  election  of 
moderator  and  supervisors,  except  moderator  pro  tempore. 

SECT.  12.  All  persons  whose  names  are  entered  upon  the 
check-list  as  thus  corrected  shall  be  deemed  to  be  legal  voters 
in  the  town;  and  no  person  whose  name  is  not  upon  the 
list  shall  be  allowed  to  vote  unless  his  name  was  left  off  by 
mistake,  and  his  right  to  vote  was  clearly  known  to  the  super- 
visors before  the  check-list  was  originally  posted. 

SECT.  13.  The  supervisors  shall  be  present  at  the  opening 
of  each  town-meeting  at  which  a  check-list  is  to  be  used,  and 
have  with  them  the  corrected  check-list  for  that  meeting,  and 
shall  remain  in  attendance  upon  the  meeting  until  its  close. 

PRESERVATION    OF    CHECK-LISTv. 

SECT.  14.  The  check-list  used  at  any  town  meeting  shall  be 
preserved  in  the  custody  of  the  town  clerk,  for  future  ref- 
erence. Supervisors  of  towns  and  corresponding  officers  of 
cities  shall,  on  or  before  January  1  succeeding  each  presidential 
election  hereafter,  send  to  the  New  Hampshire  Historical  So- 
ciety and  to  the  State  Library  each  a  copy  of  the  check-list 
used  in  said  presidential  election  duly  and  properly  certified 
by  sueh  supervisors. 


Caucuses  and  Conventions 

LAWS  1905,  CHAP.  93,  SECTION  1.  All  town  and  ward 
caucauses  shall,  be  called  by  a  notice  posted  in  five  conspic- 
uous places  in  the  town  or  ward,  one  erf  which  places  shall 
be  the  postoffice,  if  there  is  one  in  said  town  or  ward,  and 


published  in  some  newspaper,  if  there  be  any,  published  in 
the  town  or  city,  ten  days  or  more  before  the  day  of  the 
caucus. 

SECT.  2.  Said  notice  shall  specify  the  place  and  the  day 
and  hour  of  meeting,  and  shall  further  state  the  time  during 
which  the  polls  shall  be  open  for  the  reception  of  ballots, 
which  at  caucuses  for  the  election  of  delegates  to  conventions 
shall  be  fixed  by  the  executive  committee  of  the  party  in  the 
town  or  ward  holding  the  caucus,  but  in  no  case  shall  the 
time  during  which  the  polls  shall  be  open  be  less  than  one 
hour.  At  all  other  caucuses  the  time  shall  be,  in  towns  and 
wards  having  not  more  than  two  thousand  inhabitants  accord- 
ing to  the  last  preceding  national  census,  not  less  than  two 
hours,  and  in  towns  and  wards  having  more  than  two  thousand 
inhabitants  according  to  such  census,  not  less  than  three 
hours. 

SECT.  3.  All  nominations  and  elections  at  any  caucus  shall 
be  by  ballot,  and  in  balloting  a  check-list  shall  invariably  be 
used;  a  plurality  shall  in  every  case  be  sufficient  to  nominate 
or  elect. 

PREPARATION    OF    CHECK-LIST. 

SECT.  4.  The  check-list  for  use  at  any  caucus  shall  be 
prepared  by  the  local  executive  committee  of  the  party  holding 
said  caucus.  Notice  of  the  times  and  places  where  the 
executive  committee  will  attend  for  the  purpose  of  receiving 
evidence  and  suggestions  as  to  the  make-up  of  the  check-list, 
shall  be  given  in  the  same  manner  as  notice  of  the  caucus  is 
required  to  be  given.  No  man  shall  be  allowed  to  vote  in  the 
caucus  unless  his  name  is  on  the  said  check-list.  No  name 
shall  be  placed  on  the  check-list  after  the  hour  for  the  opening 
of  the  caucus  has  arrived  except  the  name  of  a  person  whose 
right  to  vote  in  the  caucus  is  well  known  to  the  executive 
committee. 

PARTY  COMMITTEES  IN  CHARGE. 

SECT.  5.  The  local  executive  committee  of  the  party  holding 
the  caucus  shall  have  full  power  to  regulate  the  form,  size, 


10 

and  character  of  the  ballots  to  be  used,  and  also  to  regulate 
the  manner  of  conducting  the  caucus,  in  any  way  consistent 
with  the  provisions  of  this  act. 

WHO   MAY   VOTE? 

SECT.  6.  No  person  shall  vote  in  any  caucus  unless  his 
name  is  on  the  check-list  used  by  said  caucus,  or  upon  the 
name  of  any  other  person,  and  no  person  shall  vote  in  the 
caucus  of  more  than  one  political  party,  or  having  voted  in 
the  caucus  of  a  political  party  sign  the  nomination  papers  of 
any  other  political  party. 

SECT.  7.  No  person  shall  vote  in  any  caucus  unless  he 
intends  to  support  the  ticket  of  the  party  holding  the  caucus 
at  the  next  ensuing  election.  When  the  right  of  any  person 
to  vote  in  a  caucus  is  challenged  he  shall  stand  aside  and  sub- 
scribe to  the  following  oath  or  affirmation  before  his  vote 
shall  be  received : 

I, ,  do  solemnly  swear  (or  affirm)  that  I  am  a  legal 

voter  in ,  and  that  I  intend  to  vote  the  ticket  of 

the  party  holding  this  caucus  at  the  next  ensuing  election. 

Any  person  who  shall  violate  any  of  the  provisions  of  this 
act  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars  or  by  imprisonment  not  exceeding  thirty  days.  Any 
person  who  shall  swear  falsely  in  regard  to  the  provisions  of 
this  act  shall  be  guilty  of  perjury  and  punished  accordingly. 

PRESERVATION    OF    CHECK-LIST. 

SECT.  8.  The  presiding  officer  of  every  caucus  shall,  within 
forty-eight  hours  after  the  close  of  said  caucus,  file  with  the 
clerk  of  the  city  or  town  in  which  such  caucus  was  held,  the 
check-list  used  in  said  caucus,  and  the  said  clerk  shall  keep 
the  same  for  the  full  period  of  two  calendar  months  thereafter, 
in  his  office,  open  to  the  inspection  of  every  citizen  of  such 
city  or  town,  and  shall  not  make  nor  permit  to  be  made  upon 
such  check-list  any  mark  whatever. 

NOMINATIONS    TO    BE    CERTIFIED. 

SECT.  9.  In  filing  nominations  with  the  secretary  of  state 
the  presiding  officer  of  the  caucus  shall  certify  that  the  caucus 


11 

was  called  and  conducted  according  to  the  provisions  of  this 
act.  If  nominations  are  not  accompanied  by  such  certificate 
they  shall  not  be  placed  upon  the  official  ballot. 

CAUCUS    LAW    IN   FORCE,   WHERE? 

SECT.  10.  This  act  shall  be  in  force  in  all  cities  of  twelve 
thousand  inhabitants  and  towns  of  forty-five  hundred  inhabi- 
tants, and  in  such  other  cities  and  towns  of  the  state  as  shall 
by  majority  vote  of  the  voters  at  an  annual  or  biennial  meet- 
ing adopt  the  same. 


Direct  Primary  Law 

LAWS  1909,  CHAP.  153  (as  amended),  SECTION  1.  The 
words  and  phrases  of  this  act  shall,  unless  the  same  be  incon- 
sistent with  the  context,  be  construed  as  follows: 

(1)  The  word  "primary,"  the  primary  election  provided 
for  by  this  act; 

(2)  The     word     "election,"      the     general     election     held     in 
November,    as    distinguished    from   the    primary    election; 

(3)  The    word    "party,"    any    political    organization    which    at 
the   preceding    election    polled   at   least    three    per    centum    of   the 
entire    vote    of    the    state    given    in    for    governor; 

(4)  The    word    "supervisors,"    all    officers    performing    the    du- 
ties   of    supervisors. 

SECT.    2.     This    act     shall  not    apply    to    special    elections    to 

fill    vacancies,    nor    to    city,  town,    and    school    district    elections 

except    as    to     elections     of  moderator    and    supervisors    of    the 

check-list,    and    ward    clerks  in    cities,    who    shall    be    elected    at 
each    biennial    election. 

METHODS    OF    NOMINATION. 

SECT.  3.  Hereafter  all  candidates  for  elective  offices  shall 
be  nominated: 

(1)  By    a    primary    held    in    accordance    with    this    act,    or 

(2)  By    nomination    papers    signed    and    filed    as    provided    by 
existing    statutes. 

SECT.  4.  (1)  A  primary  shall  be  held  at  the  regular  polling 
places  in  each  town  and  ward  in  the  state  on  the  first  Tuesday 
of  September,  1910,  and  biennially  thereafter,  for  the  nomin- 


12 

ation  of  all  candidates  to  be  voted  for  at  the  November  elec- 
tion,  except  presidential  electors. 

(2  At  each  such  primary  there  shall  be  elected  in  each  town 
and  ward,  from  the  legal  voters  in  such  town  or  ward,  as  many 
state  delegates  as  such  town  or  ward  is  entitled  to  elect  repre- 
sentatives to  the  general  court  at  the  election  next  following 
such  primary. 

(3)  Primaries  shall  be  conducted  by  the  regular  election 
officers,  as  elections  are  conducted  under  existing  laws. 

NOTICE    OF    PRIMARY. 

SECT.  5.  (1)  At  least  sixty  days  before  the  time  of  holding 
any  primary  the  secretary  of  state  shall  prepare  and  transmit 
to  each  town  and  ward  clerk  in  the  state  a  notice  in  writing 
designating  the  offices  for  which  candidates  are  to  be  chosen, 
and  delegates  to  the  state  convention  are  to  be  elected. 

(2)  Each  town  and  ward  clerk  shall,  within  ten  days  after 
the  receipt  of  such  notice,  cause  notice  of  such  primary  to  be 
posted  in  three  public  places  in  his  town  or  ward;  such  notice 
shall  state  the  time  when,  and  place  where,  the  primary  will 
be  held  in  each  town  and  ward,  together  with  the  offices  for 
which  candidates  are  to  be  nominated  and  delegates  Jo  be 
elected.  It  shall  also  state  the  date  before  which  declarations 
of  candidacy  and  primary  petition  must  be  filed  to  place  names 
upon  the  ballots  to  be  used  at  such  primary,  the  officers  with 
whom  they  must  be  filed,  the  number  of  primary  petitions  re- 
quired to  be  filed,  and  the  fees  required  to  be  paid  at  the 
time  of  filing  such  papers. 

DECLARATION     OF     CANDIDACY. 

SECT.  6.  (l)  The  name  of  no  candidate  shall  be  printed 
upon  an  official  ballot  used  at  any  primary  unless  not  more 
than  sixty  days  prior  to  such  primary  a  declaration  of  can- 
didacy shall  have  been  filed  by  such  candidate  and  the  filing 
fee  required  by  section  7  of  this  act  shall  have  been  paid,  or 
the  number  of  primary  petitions  required  by  section  8  of  this 
act  shall  have  been  filed. 


13 

Declarations    of    candidacy    shall    be    in    the    following    form : 

I. ,    declare   that    I    reside    in   Ward   ,    in    the   city 

(or     town)     of     -         ,     county     of     ,     state     of     New 

Hampshire,  and  am  a  qualified  voter  therein ;  that  I  am  a  mem- 
ber of  the  —  —  party;  that  I  am  a  candidate  for  nomina- 
tion for  the  office  of  -  ,  (or  for  delegate  to  the  etate 

convention)  to  be  made  at  the  primary  election  to  be  held  on 
the  —  —  day  of  -  — ;  and  I  hereby  request  that  my 

name   be    printed   on    the    official    primary    ballot    of   eaid    

party  as  a  candidate  for  such  nomination  or  election.  I  fur- 
ther declare  that  if  nominated  as  a  candidate  for  said  office 
or  if  elected  as  such  delegate  I  will  not  withdraw  and  that  if 
elected  I  will  qualify  and  assume  the  duties  of  said  office. 

(2)  Declarations     of     candidacy     shall    be     filed    as    follows: 

(a)  For     governor,     or     any     other     officer     to     be     voted     for 
throughout     the     state,     members     of     congress,     councilors,     etate 
senators,    and    for    county    officers,    with    the    secretary    of    state. 

(b)  For    members    of     the    house     of    representatives,    moder- 
ator,    supervisors     of     the    check-list,     ward    clerk,    selectmen    of 
wards    where    such    officers    are    elected    at    the    biennial    election, 
and    delegates    to    state    conventions,    with    the    clerk    of    the    city 
or    town    within    which    such    officers    are    to    be    voted    for. 

(3)  Each    town    or    city    clerk    shall    forward    each    declaration 
of    candidacy    filed    with    him,    within    two    days    from    the    date 
of    filing,    to    the   secretary    of    state.      The    fees    paid    to   a    town 
or    city    clerk    shall    be    paid    to    the    treasurer    of    each    town    or 
city. 

CANDIDATES    TO   PAY    FEES. 

SECT.  7.  At  the  time  of  filing  declarations  of  candidacy  each 
candidate,  or  some  person  for  him,  shall  pay  to  the  officer 
with  whom  the  same  are  filed  the  following  fees : 

(1)  For    governor,     one    hundred     dollars; 

(2)  For    any    state    officer,    other    than    governor,    to    be    voted 
for    throughout    the    state,    fifty    dollars: 

(3)  For    representative    in    congress,     fifty    dollars; 

(4)  For    councilor,    twenty-five    dollars; 

(5)  For    state    senator,    ten    dollars; 

(6)  For    county    officers,    five    dollars; 


14 

(?)  For  member  of  the  house  of  representatives,  two  dot* 
lars; 

(8)  For  supervisor    of    checklist,    one    dollar; 

(9)  For  moderator,     one     dollar; 

(10)  For  ward    clerk,    one    dollar. 

(11)  For     selectmen     of     wards     where     such     selectmen     are 
elected    at    the    biennial    election,    one    dollar    each. 

NOMINATION    BY    PETITION. 

SECT.  8.  (1)  The  name  of  any  person  shall  be  printed 
upon  the  primary  ballot  of  any  party,  without  the  filing  af  the 
declaration  provided  for  in  section  6,  or  in  the  payment  of 
the  fee  provided  for  in  section  7,  as  a  candidate  for  nomina- 
tion by  that  party  for  any  office  indicated  in  the  requisite 
number  of  primary  petitions,  as  hereinafter  provided,  made  by 
members  of  the  party,  in  the  following  form  and  filed  with 
the  secretary  of  state  together  with  the  written  assent  of  such 
person  to  the  printing  of  his  name  on  said  ballot  as  requested 
in  said  petition: 

State    of    New    Hampshire. 

County    of   ,    ss. 

City     (Town)     of     

I     do    hereby    join    in    a    petition      for      the      publication      on 

the    primary    ballot    of    the    name    of    

whose   residence   is   in   the    city    (town)    of    

(ward,      street      and      number,      in      a      city)       in      the      county 

of    for    the 

office    of    to    be    voted 

for    on    Tuesday,    the    day    of 

September,     19 ,     and     I     certify     that     I     am     qualified     to 

vote    for    a     candidate    for    said     office,     that     I    am    a    member 

of    the    party,    and    am    not,    at 

this     time    a     signer    of     any     other      similar     petition      for    any 
other     candidate     for     the      above      office;      that      my      residence 

is   in    the"  city    (town)     of    (ward, 

street   and   number,   if  in   a   city),   in   the  county   of   

and    that    my    occupation    is 

I    further    certify    that    I    believe 


15 

the  above-named  person  i*  especially  qualified  to  fill  said 
office. 

(Signed)      

State   of   New   Hampshire. 

County    of     S3. 

City     (town)     of    ,    19 

The  above-named  

personally  known  to  me,  appeared  and  made  oath  that 
the 'above  petition,  by  him  subscribed,  is  true. 

Justice   of    the   Peace   or   Notary   Public. 

(2)  The    number    of    primary    petitions    to    be    filed    for    each 
office    shall    be    as    follows: 

(a)  For    governor,    two    hundred. 

(b)  For    representative    in    congresa,    one    hundred. 

(c)  For    councilor,    fifty. 

(d)  For    county    officers,    twenty. 

(e)  For    state    senator,    fifteen. 

(f)  For    member    of    the    house    of    representatives,    and    all 
other    town    officers,    five,    except    in    towns    where    less    than    fifty 
voters     are     registered,      when      one-tenth      of      the      number     of 
registered    voters    shall    be    sufficient. 

(g)  For    delegate    to    the    state    convention,    no    primary    peti- 
tions   shall    be    required. 

(3)  Each    primary    petition    must    be    a    separate    paper,    must 
contain    the    name    of    only    one    signer,    and    must    contain    the 
name    of    one    candidate    and    no    more. 

(4)  The    oath    of    a    voter    upon    such    petition    shall    be    con- 
clusive    evidence     that    he    is    a     member    of     the     party    stated 
therein,    but    no    voter    shall    sign    conflicting    party    petitions,    nor 
shall    he    sign    more    than    one    primary    petition    for    the    same 
office,   unless  more   than   one  nomination  is  to  be  made;  in  which 
case   he   may   sign   as   many   primary   petitions   as   there   are   nom- 
inations   to    be    made   for   the   same    office. 

(5)  In   case   a    voter   has    signed   two    or   more   conflicting   pri- 
mary   petitions,    all    such    conflicting    petitions    shall    be    rejected. 
The    officer    with    whom   primary    petitions    are    filed    shall    imme- 


%  ^rx^ffed 


16 

diately,  on  their  receipt  proceed  to  examine  the  same,  and 
ascertain  whether  they  conform  to  the  provisions  of  this  law. 
If  found  not  to  conform  thereto,  or  to  be  conflicting,  he  shall 
then  and  there  in  writing  on  said  petition  state  the  reason  why 
such  petition  cannot  be  accepted,  and  shall  within  twenty-four 
hours  return  the  same  to  the  candidate  in  whose  behalf  it  was 
filed.  In  such  case,  supplementary  petitions  may  be  filed, 
but  not  later  than  2ij  days  before  the  primary  for  those  to  be 
with  the  secretary  of  state,  and  all  others  frt^day^ 

CLERKS   TO   FORWARD  DECLARATIONS. 

(6)  Each   clerk  of  a   city   or   town  shall   forward   each   declara- 
tion    of    candidacy     filed    with    him     to     the    secretary     of    state 
within  two   days  of   the  filing  of   the   same,  provided   the  requisite 
fee    shall    have   been    deposited,    or    the    requisite    number   of    pri- 
mary   petitions    shall    have    been    filed    therewith. 

(7)  Declarations    of    candidacy    and    primary     petitions    to    be 
filed    with    the    secretary    of    state    shall    be    filed    not    less    than 
?&   days    before    the    date    of    the    primary,    and    all    others    '27~v 

«  ^"{  days,    except    as    provided    in    paragraph     (5)     of    this    section.          ^ 

(8)  The    secreatry    of    state,    and    clerks    of    cities   and    towns, 
shall   retain   the   primary   petitions   filed   with  them   until   the   firit 
day    of    January     following    the    holding    of    the    primary,    when 
they    may    be    destroyed. 

OFFICIAL    PRIMARY    BALLOT. 

SECT.  9.  At  least  ten  days  before  any  primary  is  to  be 
held,  an  official  ballot  for  each  political  party  shall  be  prepared 
by  the  secretary  of  state,  and  shall  be  as  nearly  as  is  prac- 
ticable in  the  same  form  as  ballots  now  used  at  elections. 
Below  the  name  of  each  office  shall  be  printed  in  small  but 
easily  legible  letters  the  words  "vote  for  one"  "vote  for  two," 
"vote  for  three,"  or  a  spelled  number  designating  how  many  per- 
sons are  to  be  voted  for.  Whenever  there  are  two  or  more  candi- 
dates for  nomination  to  the  same  office  who  are  to  be  voted 
for  in  more  than  one  town  or  ward,  the  names  of  such  can- 
didates shall  be  so  alternated  on  the  ballots  used  that  each 
shall  appear  thereon  as  nearly  as  may  be  an  equal  number  of 
times  at  the  top,  at  the  bottom,  and  in  each  intermediate 


i? 

place,  if  any,  of  the  list  or  group  in  which  it  belongs.  Names 
of  rival  candidates  for  nomination  to  the  same  office  who  are 
to  be  voted  for  in  only  one  town  or  ward  shall  be  arranged  in 
the  alphabetical  order  of  their  surnames.  Following  the  names 
printed  on  the  ballot  after  the  name  of  each  office  to  be  filled 
shall  be  as  many  blank  lines  as  there  are  persons  to  be  elected 
to  that  office.  The  ballots  of  all  parties  shall  be  upon  colored 
paper,  but  the  ballots  of  no  two  parties  shall  be  upon  paper 
of  the  same,  or  closely  similar,  color,  and  each  party  ballot 
shall  be  so  designated  by  the  name  of  such  party  printed  in 
prominent  type  on  the  back  of  said  ballot. 

SECT.  10.  (1)  Not  later  than  six  days  before  a  primary, 
the  secretary  of  state  shall  furnish  to  the  clerk  of  each  town 
and  ward  ballots  for  each  political  party  as  follows :  For  each 
fifty  and  fraction  of  fifty  voters  of  each  party  as  shown  by  the 
vote  for  governor  in  the  town  or  ward  at  the  last  preceding 
election,  he  shall  furnish  seventy-five  ballots  of  said  party, 
except  that  when  any  party  has  cast  less  than  ten  votes  in  a 
town  or  ward,  he  shall  only  be  obliged  to  furnish  twenty-five 
ballots. 

(2)  He    shall    in    addition    furnish    each    such    clerk   with    ten 
sample   ballots   of    each    political    party,    printed    on   white   paper. 

(3)  Each    clerk    shall    within    one    day    from    the    time    when 
he  shall   receive   such  sample   ballots  post  three  of   each   political 
party    in    three    public    places    in    his    town    or    ward,    and    shall 
retain    the    others   until   the    date   of    the   primary,   when   he   shall 
post    the    same    in    prominent    position   in    and   about    the    polling 
place.  . 

(4)  The    secretary    of    state    shall    also,    upon    request,    furnish 
a    reasonable    number    of    sample   ballots    printed    on    white    paper 
to    each    person    whose    name    appears    upon    the    ballot    as    a 
candidate. 

CHECK-LIST    AND    PARTY    ENROLLMENT. 

SECT.  11.  (1)  The  supervisors  of  the  checklist  shall  pre- 
pare and  post  the  check-list  of  the  legal  voters  in  their  respec- 
tive towns  and  ward*  and  hold  sessions  for  the  correction  of 
the  same,  and  give  notice  of  such  sessions  before  all  primaries 


18 

held    under    this    act    in    the    same    manner    as    they    are    required 
to    do    before    elections    under    existing    laws. 

(2)  No   person   shall   be    entitled    to   vote   at  a   primary   unless 
his   name   is   upon   the   check-list   of   voters   in    the   town   or  ward 
wherein    he    offers    to    vote. 

(3)  Any    person    offering    to    vote    at    a    primary    shall    at    the 
time    of    announcing    his    name    also    announce    the    name    of    the 
party    to    which    he    belongs.      If    his    name    is    found    upon    the 
check-list,    and    if    his    party    membership    has    not    been    before 
registered,    it    shall    then    be   registered,   and    he    shall    be   allowed 
to    vote    the    ballot    of    his    party,    provided,    however,    that   if    he 
is    challenged,   he   shall   not   be   allowed    to    register  as  a    member 
of    such    party,    or    to    vote    the    ballot    of    said    party    unless    he 
makes    oath    or    affirmation    that    he    affiliates    with    and    generally 
supports    the    candidates    of    the    party    with    which    he    offers    to 
vote.      If    his    party    membership    has    been    before    registered,    he 
shall    be    allowed    to    vote    only    the    ballot    of    the    party    with 
which    he    is    registered,    unless   he    desires    to   vote    the    ballot   of 
a    party    not    having   official   existence   at    the    time   that   his   party 
membership    was    previously    registered. 

(4)  After  the  primary  the  town  or  ward  clerk  shall  deliver 
to  the  supervisors  the  check-list  with  the  registration  of  the 
party  membership  of  voters  thereon.  Before  delivery,  however, 
the  moderator  and  clerk  shall  certify  thereon,  under  their 
hands,  that  the  list  is  the  one  used  at  the  primary,  and  con- 
tains a  correct  registration  of  the  voters  as  delivered  into  their 
«  hands  or  made  by  them  at  such  primary.  Such  list  shall  be 
preserved  by  the  supervisors,  and  shall  be  used  by  them  in 
making  up  the  check-list  to  be  posted  before  the  next  pri- 
mary, as  provided  in  paragraph  6  of  this  section. 

(5)  Any  person  whose  party  membership  has  been  registered 
may  change  such  registration  by  appearing  in  person  before  the 
supervisors  of  the  check-list  for  his  town  or  ward  not  less  than 
ninety  days  before  any  primary,  and  stating  to  them,  under 
oath  or  affirmation,  if  required,  that  he  intends  to  affiliate  with 
and  generally  supports  the  candidates  of  the  party  with  which 
he  offers  to  register.  He  may  also  change  such  registra- 
tion at  any  primary,  upon  making  oath  or  affirmation  to 


19 

the  same  effect,  if  challenged,  but  he  shall  not  be  permitted 
in  such  case  to  vote  the  ballot  of  any  party  at  such  primary. 

(6)  After  the  first  primary  held  under  this  act,  the  super- 
visors of  the  check-list  shall  be  in  session  for  the  alteration  of 
the  registration  of  party  members,  and  for  making  additions 
to  such  registration  before  each  primary.  The  session  shall 
be  on  two  days  at  least  and  shall  not  be  less  than  ninety  nor 
more  than  one  hundred  days  prior  to  such  primary.  They 
shall  post  copies  of  the  check-list  showing  the  persons  in  the 
town  or  ward  entitled  to  vote,  with  their  party  registration, 
so  far  as  such  registration  has  been  made,  in  three  public 
places  in  such  town  or  ward,  at  least  ten  days  prior  to  such 
session,  and  notice  of  the  date,  hour,  and  place  of  the  daily 
sessions  to  revise  such  registration  shall  be  given  upon  such 
check-lists. 

After  such  session,  the  supervisors  of  the  check-list  shall 
prepare  a  corrected  check-list,  showing  the  registration  of  party 
members  as  corrected  by  them,  and  such  corrected  check-list, 
with  such  names  as  may  be  regularly  added  thereto,  as  provided 
in  sections  6  and  7  of  chapter  32  of  the  Public  Statutes,  shall 
be  used  at  the  primary.  Whenever  names  are  added  to  the 
checklist,  as  provided  in  sections  6  and  7  of  chapter  32  of  the 
Public  Statutes,  the  supervisors  shall  register  the  party  mem- 
bership of  the  voter,  if  he  desires  such  membership  registered; 
but  if  such  voter  has  already  been  registered  in  any  town 
or  ward  in  this  state  as  a  member  of  any  party  he  shall  not 
be  registered  as  a  member  of  a  different  party  within  ninety 
days  before  any  primary. 

(7)  The  party  membership  of  each  voter  may  be  registered 
by  writing  in  ink  after  the  name  of  such  voter  the  first  three 
letters  of  the  name  of  the  party  with  which  he  registers. 

RETURN    OF    VOTES    CAST. 

SECT.  12.  (1)  Votes  cast  for  the  same  person  on  the 
ballots  of  different  parties  at  any  primary  shall  not  be  added 
together,  but  shall  only  count  in  favor  of  the  person  as  the 
candidate  of  each  party  on  whose  ballot  his  name  appears. 

(2)  After  the  count  is  completed  it  shall  be  announced  by 
the  moderator,  and  the  clerk  shall,  in  the  presence  of  the 


20 

other  election  officers,  fill  into  blanks,  provided  him  for  that 
purpose  by  the  secretary  of  state,  complete  returns  of  all  the 
votes  cast  for  the  different  candidates  of  each  party.  These 
blanks  shall  be  prepared  in  duplicate,  and  shall  be  signed  by 
the  clerk.  One  copy  shall  be  preserved  by  the  clerk  and  shall 
be  open  to  the  inspection  of  any  candidate,  or  of  his  agent 
authorized  in  writing.  The  other  copy  shall  be  mailed  on  the 
day  of  the  primary,  or  on  the  day  following,  by  the  clerk  to 
the  secretary  of  state. 

SECT.  13.  (1)  The  second  day  after  the  primary,  or  as 
soon  thereafter  as  possible,  the  secretary  of  state  shall  canvass 
the  returns  from  all  the  towns  and  wards  in  the  state,  and 
upon  the  completion  of  such  canvass  shall  declare  what  can- 
didates have  received  the  greatest  number  of  votes  for  the 
various  offices  in  the  various  parties. 

(2)  After  the  completion  of  the  canvass  of  returns,  the 
secretary  of  state  shall  publish  in  some  paper  of  general  cir- 
culation the  names  of  the  persons  found  to  have  been  chosen 
as  candidates  for  the  various  offices  by  the  various  parties,  and 
shall  cause  a  copy  of  such  paper  to  be  mailed  to  each  person 
whose  name  appeared  upon  any  party  ballot. 

SECT.  14.  (1)  Persons  voted  for,  at  a  primary,  under  this 
act,  who  receive  a  plurality  of  all  the  votes  cast  by  a  party, 
shall  be  candidates  of  that  party  for  the  office  designated  in 
the  ballot,  or  the  delegates  of  such  party  from  their  respective 
towns  and  wards. 

(2)  In    case    of    a    tie    vote,    the    tie    shall    be    determined    by 
lot   by   the   secretary   of   state   in   the   presence   of   the   candidates 
who  are   tied,    if,   upon   notice  from  the  secretary   of  state,   they 
elect    to    be    present. 

(3)  Vacancies     upon     any     party     ticket     occurring     after     the 
holding   of    any    primary   shall   be    filled    by    the   party    committee 
of    the    state,    county,    town    or   ward,    as    the    case    may    require, 
and    such   committee    shall    notify    the    secretary    of    state   of    the 
appointment   made,   and   the   names   of   persons   so   appointed  shall 
be   placed    upon    the   official    election    ballot. 


21 

RECOUNT   OF  VOTES. 

SECT.  15.  (1)  it  any  person  who  was  voted  for  upon  the 
ballot  of  any  party  is  not,  according  to  the  count  first  made 
by  the  secretary  of  state,  chosen  as  the  candidate  of  such 
party,  and  desires  a  recount  of  the  ballots  cast  in  the  pri- 
mary, he  shall  apply  in  writing  to  the  secretary  of  state  for 
such  recount  within  ten  days  after  the  date  of  the  advertise- 
ment of  the  result  of  the  primary,  provided  for  in  paragraph 
2  of  section  12  of  this  act. 

(2)  The  secretary   of   state  shall   fix  a   time   for   such   recount 
not  earlier  than  ten  days  after  the  receipt  of   the  application,  and 
shall        notify        the         opposing         candidates         thereof,         and 
as   soon   after   the   expiration   of   such   ten   days  as  circumstances 
will    permit,    such    recount   shall    be    held    and   conducted    as    re- 
counts  of   votes  cast   at   elections  are   now  conducted. 

(3)  Upon    the   date   set  for   the   recount,    the  ballots   shall   be 
counted  by   the  secretary   of  state  and  such  assistants  as   he  may 
require.      The    various    candidates,    however,    and    their    counsel, 
shall    have    the    right    to    inspect    the    ballots    and    participate    in 
such    recount    under    such    suitable    rules    as    the    secretary     of 
state    may    adopt. 

(4)  No    candidate,    however,    shall    be 'entitled    to    a    recount 
unless    he    shall    pay    to    the    secretary    of    state   at    the    time    of 
filing   his   application    fees   as    follows: 

(a)  If    a    candidate    for    governor,    or    other    officer    voted    for 
throughout    the   state,    one   hundred    dollars; 

(b)  If    a    candidate    for    member    of    congress    fifty    dollars; 

(c)  If   a    candidate   for   councilor,    twenty-five    dollars; 

(d)  If   a    candidate   for   a   county    office,    ten    dollars; 

(e)  If   a   candidate   for   state   senator,    ten   dollars; 

(f)  If     a     candidate     for     member     of     the     house     of     repre- 
sentatives,   five    dollars ; 

(g)  If    a    candidate    for    supervisor    of    the    check-list,    five 
dollars. 

(h)     If   a   candidate   for   moderator,    five   dollars; 
(i)     If    a    candidate    for    ward    clerk,    five    dollars; 
(j)     If    a    candidate    for   selectmen    where    such    selectmen    are 
elected  at   the   biennial   election,    five   dollars. 


22 

(5)  If    a    recount    shall    show    that    some    other    person    than 
the    one    declared    nominated    upon    the    canvass    of    the-   returns 
from    the    clerks    of    towns    and    wards    has    the    greatest    number 
of    votes    cast    at    the    primary,    such    person    shall    be    declared 
nominated    and    shall    be    the    candidate    of     the    party    for    the 
office    in    question    instead    of    the    person    so    first    declared,    and 
his    name    shall    be    placed    upon    the    official    ballot    at    the    fol- 
lowing   election. 

(6)  If    the    recount    shall    show    that    the    person    who    applied 
for    the   recount   was   chosen   as    the    candidate    of    his    party,    the 
secretary     of     state     shall,     within     ten     days     of     such     recount, 
return    to    him    the    fee    paid    at    the    time    of    filing    the    applica- 
tion   for    a    recount. 

SECT.  16.  Any  town  or  city  clerk,  with  whom  any  declara- 
tion of  candidacy  has  been  filed,  who  shall  fail  to  forward 
the  same  to  the  secretary  of  state  within  two  days  of  the  date 
of  such  filing  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars,  or  by  imprisonment  not  more  than 
thirty  days,  or  by  both  fine  and  imprisonment. 

SECT.  17.  The  provisions  of  the  statutes  now  in  force  in 
reference  to  the  holding  of  elections,  the  payment  of  election 
officers,  the  filling  ol  vacancies,  the  solicitations  of  voters 
at  the  polls,  the  challenging  of  voters,  the  manner  of  conduct- 
ing elections,  of  counting  and  preserving  the  ballots,  and  mak- 
ing return  thereof,  and  all  other  kindred  subjects,  ehall  apply 
to  all  primaries  in  so  far  as  they  are  consistent  with  this  act, 
the  intent  of  this  act  being  to  place  the  primary  under  the 
regulation  and  protection  of  the  laws  now  in  force  as  to 
elections. 

SECT.  18.  (1)  It  shall  be  the  duty  of  the  secretary  of 
state  to  prepare  all  forms  necessary  to  carry  out  the  intent 
of  this  act  and  to  furnish  the  same  in  reasonable  quantities  to 
the  proper  officers.  It  shall  also  be  his  duty  to  furnish  full 
directions  to  the  clerks  of  towns  and  wards,  when  he  eends 
them  the  notice  provided  for  in  section  5  of  this  act  or  when 
he  furnishes  them  ballots,  as  provided  in  section  9  of  this  act, 
as  to  the  posting  of  notices,  holding  of  primaries,  and  making 
return  thereof. 


23 

(2)  The  secretary  of  state  shall  have  authority  to  employ 
such  additional  clerical  assistance  as  may  be  required  during 
the  canvass  of  votes,  or  in  carrying  out  the  provisions  of  this 
act;  and  all  expense  necessary  shall  be  paid  out  of  the  treas- 
ury of  the  state. 

SECT.  19.  All  sums  paid  to  the  secretary  of  state  under  the 
terms  of  section  6  of  this  act  and  all  sums  paid  to  him  under  the 
terms  of  paragraph  4  of  section  14  shall  be  paid  by  him  into 
the  state  treasury. 

STATE   PARTY   CONVENTIONS. 

SECT.  20.  (1)  Not  earlier  than  the  third  Tuesday  of 
September,  following  any  primary,  and  not  later  than  the  first 
Tuesday  of  October,  upon  the  call  of  the  chairman  of  the 
state  committee  of  the  party,  the  nominees  of  each  party  for 
the  offices  of  governor,  councilors,  state  senators,  'representa- 
tives, and  state  delegates  elected  shall  meet  in  state  convention 
for  the  purpose  of  adopting  the  platform  of  their  party,  nom- 
inating presidential  electors,  and  effecting  an  organization  for 
the  following  two  years. 

(2)  The    party     nominees    and    state    delegates    in    said    state 
convention    from    each    county    shall    elect    a    county    committee 
for    their    party,    to    consist    of    such    number    of    persons    as    the 
state   convention    shall    by    vote    apportion    to    each   county.      The 
members    of    the    several    county    committees    thus    chosen    shall 
constitute    the    state    committee    of    the    party.       The    registered 
party    members   in    eaeh    town,    ward    or   city    may    effect    such   an 
organization    as     they    may     deem     expedient    for    advancing    the 
purposes    of     their    party. 

(3)  Upon    application     of    the    chairman     of    the    state    com- 
mittee    of     any     political     party,     the     secretary     of     state     shall 
deliver    to    him    a    duly    certified    roll    of    the    nominees    of    his 
party    for    the    several    offices    named    in    the    first    paragraph    of 
this  section.     None   but    such   nominees   and   state   delegates   shall 
take    part    in    such    state    conventions. 

HOW   TO   CONSTRUE   PRIMARY   LAW. 

SECT.    21.     This    statute    shall    be    liberally    construed    so    that 
the   real   will    of    the   voters   shall    not    be    defeated,    and    so    that 


24 

the  voters  of  any  town  or  ward  shall  not  be  deprived  of  their 
right  to  nominate  or  participate  in  the  nomination  of  can- 
didates for  office  by  any  informality  or  failure  to  comply  with 
all  the  provisions  of  law  in  respect  to  giving  notice  of  or 
conducting  the  primary  or  certifying  the  results  thereof. 


Caucuses  and  Elections 

LAWS  1897,  CHAP.  78.  (as  amended),  SECTION  1.  The  pro- 
visions of  this  act  shall  apply  to  all  elections  held  for  the 
choice  of  electors  of  president  and  vice-president  of  the  United 
States,  representatives  in  congress  and  to  the  general  court, 
governor,  councilors,  senators,  county  officers,  and  all  ward 
and  town  officers  chosen  at  biennial  elections,  and  to  any 
other  election  of  national  or  state  officers. 

The  word  "caucus"  as  employed  in  this  act  shall  mean  a 
meeting  of  the  legal  voters  of  any  political  party  assembled  for 
the  purpose  of  choosing  delegates  or  for  the  nomination  of 
candidates  for  office.  The  word  "convention"  shall  mean  an 
assembly  of  delegates  chosen  at  caucuses  in  accordance  with 
the  usage  of  any  political  party. 

POLITICAL    PARTIES    RECOGNIZED. 

SECT.  2.  Any  caucus  of  legal  voters  representing  a  political 
party  which  at  the  biennial  election  next  preceding  polled  at 
least  three  per  centum  of  the  entire  vote  of  the  state  given  in 
for  governor,  may  choose  delegates  to  conventions  and  may 
nominate  candidates  for  representative  to  the  general  court  and 
candidates  for  such  town  and  ward  officers  as  are  chosen  at 
biennial  elections. 

SECT.  3.  The  nomination  of  a  candidate  in  an  electoral  dis- 
trict containing  more  than  one  town  or  more  than  one  ward 
of  a  city  may  be  made  by  a  convention,  except  as  otherwise 
provided  for  the  nomination  of  a  candidate  for  mayor  or  other 
city  officer. 

CERTIFICATES    OF    NOMINATION. 

SECT.  4.  Certificates  of  nominations  made  in  accordance  with 
the  provisions  of  sections  2  and  3  of  this  act,  shall  contain 


25 

the  name  and  residence  of  each  candidate,  the  office  for  which 
he  is  nominated,  and  the  political  principles  or  party  he  rep- 
resents, and  shall  be  signed  by  the  chairman  and  clerk  of  the 
caucus  or  convention,  and  when  practicable  such  certificates  of 
nomination  shall  be  signed  by  each  candidate,  but  the  absence 
of  the  signature  of  a  candidate  shall  not  invalidate  a  certificate 
of  nomination.  Any  caucus  or  convention  wherein  nominations 
are  made  of  candidates  to  be  voted  for  by  the  voters  of  the 
entire  state  shall  be  held,  at  least,  thirty-five  days  prior  to  the 
day  of  election;  wherein  nominations  are  made  of  candidates 
to  be  voted  for  by  the  voters  of  cities  and  wards,  at  least, 
twenty-one  days  prior  to  the  day  of  election,  and  in  all  other 
cases,  at  least  twenty-eight  days  prior  to  the  day  of  election. 

NOMINATION    BY    PETITIONS. 

SECT.  5.  The  nomination  of  a  candidate  may  also  be  made  by 
petition.  Such  petitions  shall  be  styled  nomination  papers. 
Such  nomination  papers  shall  contain  all  the  facts  required  in 
certificates  of  nominations,  and  shall  be  signed  by  such  persons 
only  as  are  qualified  to  vote  at  the  election  of  the  candidates 
named  in  the  petition,  and  no  voter  shall  sign  more  than  one 
nomination  paper  for  each  officer  to  be  voted  for,  and  no 
nomination  paper  shall  contain  the  names  of  more  candidates 
than  there  are  offices  to  be  filled.  Such  nomination  papers 
•hall  be  submitted  to  a  majority  of  the  supervisors  of  the 
check-list  of  the  town  or  ward  in  which  the  signers  reside, 
and  they  shall  certify  what  number  of  the  signatures  are  the 
names  of  legal  voters  in  said  town  or  ward. 

It  shall  require  the  names  of  one  thousand  legal  voters  to 
nominate  by  petition  a  candidate  for  governor  or  other  can- 
didate to  be  elected  by  the  voters  of  the  entire  state,  five 
hundred  to  nominate  a  candidate  for  representative  in  congress, 
two  hundred  and  fifty  to  nominate  a  candidate  for  councilor, 
senator,  or  county  or  city  officer,  and  fifty  to  nominate  a  can- 
didate elected  by  the  voters  of  a  town  or  ward  of  a  city. 

FILING    NOMINATION    PAPERS. 

SECT.  6.  Nomination  papers  shall  be  filed  with  the  secretary 
of  state  as  follows:  Thirty  days  prior  to  the  day  of  election - 


26 

case  of  candidates  to  be  voted  for  By  the  voters  -of  ihe  entire 
stater  and  twenty  three — days — in — ease  of  all  "Other  nOTrflnaions. 
The  number  of  days  herein  given  shall  include  Sundays,  and 
shall  end  on  the  day  before  election  at  six  o'clock  in  the  afternoon. 
And  where  a  nomination  has  been  made  as  aforesaid  or  where  a 
candidate  has  duly  filed  according  to  law  for  a  primary  elec- 
tion no  withdrawal  or  declination  of  a  candidate  shall  be  ac- 
cepted by  the  secretary  of  state  subsequent  to  the  last  dates 
for  filing  as  hereinbefore  stated.  Provided,  however,  that  in 
case  of  the  death  of  any  candidate  to  be  voted  for  at  any 
primary  or  general  election,  between  the  date  of  nomination 
or  filing  and  the  day  of  election  a  new  candidate  may 
be  substituted  under  the  authority  of  the  proper  com- 
mittee as  the  law  provides,  whose  name  shall  be  printed  upon 
the  ballots  if  they  have  not  been  printed,  but  if  they  have 
been  printed,  and  time  will  permit,  the  secretary  of  state  may 
cause  adhesive  slips  or  pasters  with  the  name  of  the  substi- 
tute candidate  thereon,  to  be  printed,  or  authorize  the  same 
to  be  done,  and  send  or  cause  the  same  to  be  sent  to  the 
various  town  or  city  clerks  representing  the  territory  wherein 
the  deceased  candidate  was  to  be  voted  for.  Said  town  or 
city  clerks  shall  deliver  said  slips  or  pasters  to  the  election 
officers  before  the  opening  of  the  polls,  who  shall  paste  them 
in  the  proper  place  on  the  ballot  before  it  is  handed  to  the 
voter. 

CITY    NOMINATIONS. 

SECT.  7.  Candidates  for  mayor  of  a  city  and  other  can- 
didates voted  for  by  the  voters  of  the  entire  city,  may  be  nom- 
inated by  any  party  recognized  by  section  2  of  this  act,  in  a 
general  city  caucus,  or  by  a  convention  of  delegates  from  the 
several  wards  or  by  a  caucus  held  by  each  ward.  Candidates 
for  officers  elected  by  the  several  wards  may  be  nominated  by 
ward  caucuses.  Provided,  however,  that  any  party  qualified 
to  hold  conventions  may  in  caucus  or  convention  or  by  its 
rcognized  political  committee,  make  regulations  concerning  the 
manner  of  holding  such  caucuses  and  convention!. 


27 


CITIES    AND    TOWNS    MAY    ADOPT    LAW. 

SECT.  8.  Cities  holding  their  election  on  a  day  other  than 
the  day  of  the  biennial  state  elections,  in  the  choice  of  city  or 
ward  officers  shall  be  governed  by  the  provisions  of  this  act, 
so  far  as  they  are  not  inconsistent  with  the  provisions  of  their 
charters.  Towns  holding  their  elections  on  a  day  other  than 
the  day  of  the  biennial  state  elections,  in  the  election  of  town 
officers  chosen  by  ballot,  may  adopt  the  provisions  of  this  act, 
so  far  as  they  are  applicable  to  town  elections.  In  such  cases 
the  ballots  shall  be  prepared  by  the  city  or  town  clerk,  and 
printed  at  the  expense  of  such  city  or  town,  and  the  time  for  filing 
certificates  of  nominations  and  nomination  papers  shall  be  at  least 
six  days  prior  to  the  day  of  election.  Towns  having  voted  to  adopt 
such  provisions  may  rescind  the  vote  by  which  they  were 
adopted. 

SECT.  9.  Certificates  of  nomination  made  in  accordance  with 
the  provisions  of  sections  2,  3,  and  4  of  this  act,  and  nomina- 
tion papers  made  in  accordance  with  the  provisions  of  section 
5  of  this  act,  shall  be  regarded  as  valid  and  shall  be  received 
by  the  secretary  of  state,  unless  objection  thereto  is  made  in 
writing  within  three  days  succeeding  six  o'clock  in  the  after- 
noon of  the  last  day  for  the  filing  of  such  nominations. 

BALLOT   LAW    COMMISSION. 

On  or  before  the  first  day  of  September  preceding  a  biennial 
election,  the  governor,  with  the  advice  of  the  council,  shall 
appoint  two  persons  from  the  two  different  political  parties 
casting  the  largest  number  of  votes  at  the  preceding  biennial 
election,  who,  with  the  attorney-general,  shall  constitute  a  board 
of  ballot-law  commissioners.  They  shall  meet  at  the  office  of 
the  secretary  of  state  on  the  Tuesday  next  succeeding  the  last 
day  for  filing  nominations,  and  shall  continue  in  session  from 
day  to  day  until  all  questions  submitted  have  been  heard  and 
determined.  They  shall  consider  and  decide  all  objections  to 
the  nomination  of  a  candidate  and  all  questions  arising  in  case 
of  nominations,  and  their  decision  shall  be  final.  They  shall 
receive  such  compensation  for  their  services  as  shall  be  ap- 
proved by  the  governor  and  council. 


28 

DESCRIPTION    OF    BALLOT. 

SECT.  10.  Ballots  for  use  in  biennial  elections  and  in  all 
other  elections  for  national  and  state  officers  shall  be  prepared 
by  the  secretary  of  state,  and  printed  and  delivered  at  the 
expense  of  the  state.  Every  ballot  shall  contain  the  name 
and  residence  of  each  candidate  who  has  been  nominated  in 
accordance  with  law,  and  shall  contain  no  other  name  except 
party  appelation  and  names  of  candidates  for  president  and 
vice-president  of  the  United  States.  In  case  a  nomination  is 
made  by  nomination  papers,  the  words  Nom.  Papers  shall  be 
added  to  the  party  appelation.  The  names  of  candidates  nomi- 
nated by  any  party  or  by  petition  shall  be  arranged  upon  the 
ballot  in  perpendicular  columns.  The  candidates  of  each  party 
shall  be  arranged  in  separate  columns,  and  the  candidates  of 
the  party  receiving  the  largest  number  of  votes  at  the  last 
preceding  general  election  shall  be  placed  in  the  first  column; 
provided,  however,  that  in  case  only  a  part  of  a  full  list  of 
candidates  is  nominated  under  a  political  designation,  two  or 
more  such  lists  may  be  arranged  whenever  practicable  in  the 
same  column.  The  order  in  which  the  officers  to  be  voted  for 
shall  be  placed  in  the  party  columns  aforesaid  shall  be  aa 
follows:  Electors  of  president  and  vice-president  of  the  United 
States,  governor,  United  States  senator,  representative  in 
congress,  councilor,  state  senator,  representative  in  the  gen- 
eral court,  county  officers,  town  or  ward  officers.  Immediately 
above  the  name  of  each  candidate  shall  be  printed  the  political 
designation  of  the  office  for  which  he  is  nominated,  as  For 
Governor,  For  Senator,  and  the  like,  and  at  the  right  of  the 
name  of  each  candidate  and  on  the  same  line  there  shall  be  a 
square,  except  that  in  the  case  of  electors  of  president  and 
vice-president  of  the  United  States  one  square  shall  suffice  for 
each  group  of  electors.  In  the  last  or  right-hand  column  of 
each  ballot  there  shall  be  no  circle  or  device,  but  there  shall 
be  printed  in  the  regular  order  the  political  designation  of 
each  office,  as  For  Governor,  For  Senator,  and  the  like,  and 
beneath  each  designation  there  shall  be  left  as  many  blank 
lines  as  there  are  persons  to  be  elected  to  such  office.  Above 
each  column  or  list  of  candidates  shall  be  printed  in  large, 
plain  letters  the  name  of  the  political  party  by  which  the 


29 

candidates  in  such  column  or  list  were  nominated.  Above  the 
party  dsignation  shall  be  printed  a  circle  not  less  than  three- 
fourths  of  an  inch  in  diameter,  and  such  circle  shall  be 
surrounded  by  the  following  words  printed  in  plain  letters: 
For  a  straight  ticket  make  a  cross  (X)  within  this  circle.  In 
case  a  voter  desires  to  vote  for  a  candidate  whose  name  is 
not  printed  under  the  circle  in  which  he  has  marked,  he  shall 
erase  or  cancel  the  name  of  the  candidate  in  such  column  for 
whom  he  refuses  to  vote,  and  may  vote  for  the  candidate  of 
his  choice  by  marking  a  cross  (X)  in  the  square  opposite  the 
name  of  such  candidate,  or  by  writing  in  the  name  of  the 
person  for  whom  he  desires  to  vote  in  the  right-hand  column 
prepared  for  the  purpose.  In  such  case  the  vote  so  marked 
in  the  square,  or  so  inserted  in  the  right-hand  column,  shall 
be  counted,  and  such  ballot  shall  not  be  counted  for  the 
candidate  for  the  same  office  whose  name  is  erased.  Unless 
cancelled  or  erased,  all  names  in  the  party  columns  under  the 
circle  marked  by  the  voter  shall  be  counted  to  the  exclusion 
of  all  others.*  One  mark  in  the  square  opposite  the  names 
of  candidates  for  electors  of  president  and  vice-president  shall 
be  counted  as  a  vote  for  each,  provided,  however,  that  a  voter 
may  omit  to  mark  in  any  circle  and  may  vote  for  one  or  more 
candidates  by  marking  a  cross  (X)  in  the  square  opposite  the 
names,  or  he  may  insert  the  names  of  the  candidates  of  his 
choice  in  the  blank  or  right-hand  column,  and  such  votes  shall 
be  counted.  Whenever  the  approval  of  a  constitutional  amend- 
ment or  other  question  is  submitted  to  the  vote  of  the  people, 
such  question  shall  be  printed  upon  the  ballots  after  or 
beneath  the  list  of  candidates.  The  ballots  shall  be  so 
printed  as  to  give  to  each  voter  an  opportunity  to  designate  by 
a  cross  mark  (X)  in  a  square  his  answer  to  the  question 
submitted.  The  ballots  shall  be  printed  on  plain  white  paper, 
in  weight  not  less  than  that  of  ordinary  printing  paper,  and 
there  shall  be  no  impression  or  mark  to  distinguish  one  ballot 
from  another.  The  names  of  all  candidates  shall  be  printed 
in  uniform  type,  and  the  ballots  for  each  town  or  ward  shall 
be  so  folded  that  their  width  and  length  when  folded  shall  be 


*This    method    of    counting    declared   unconstitutional. 


so 

uniform.  Upon  the  back  of  each  ballot  shall  be  printed  the 
words  Official  ballot  for,  followed  by  the  name  of  the  town  or 
ward  for  which  the  ballot  is  prepared,  the  date  of  the  election, 
and  a  facsimile  of  the  signature  of  the  officer  who  prepares  the 
ballot.  Above  each  circle  shall  be  placed  an  emblem  or  device 
designating  or  distinguishing  the  political  party  assigned  to 
that  column.  The  emblem  or  device  shall  be  selected  by  the 
secretary  of  state  or  other  officer  preparing  the  ballots,  for  each 
political  party  represented  upon  the  ballots,  shall  be  different 
for  each  of  such  parties,  and  may  be  the  representation  of  a 
star,  an  animal,  an  anchor,  or  any  other  appropriate  symbol; 
but  neither  the  coat  of  arms  or  the  seal  of  any  state,  or  of  the 
United  States,  nor  the  national  flag,  nor  any  religious  emblem 
or  symbol,  nor  the  portrait  of  any  person,  nor  the  representa- 
tion of  a  coin  or  of  tne  currency  of  the  United  States  shall  be 
chosen  as  a  distinguishing  emblem. 

SPECIMEN    AND    OFFICIAL    BALLOTS. 

SECT.  11.  There  shall  be  furnished  each  town  and  ward  at 
each  election  conducted  under  the  provisions  of  this  act,  not 
less  than  sixty  ballots  for  each  fifty  and  fraction  of  fifty 
voters  therein.  The  officer  who  prepares  the  ballots  shall 
cause  to  be  printed  for  each  town  and  ward  fifteen  ballots, 
printed  on  tinted  paper  and  without  the  fac-sim'le  endorse- 
ment, which  shall  be  known  as  specimen  ballots.  These  shall 
be  forwarded  as  soon  as  printed  to  the  clerk  of  the  town  or 
ward,  who  shall  immediately  post  five  copies  in  the  most  public 
places  in  the  town  or  ward.  On  the  morning  of  the  day  of 
election  he  shall  cause  ten  copies  to  be  posted  outside  of  the 
guard-rail  in  the  room  in  which  the  election  is  held.  The 
officer  who  prepares  the  ballots  shall  also  prepare  full  instruc- 
tions for  the  guidance  of  voters  at  such  elections,  as  to  ob- 
taining ballots,  the  manner  of  marking  them,  the  method  of 
gaining  assistance,  and  as  to  obtaining  new  ballots  in  place  of 
those  accidentally  spoiled,  and  shall  cause  the  same  to  be 
printed  in  clear  type,  on  separate  cards,  to  be  called  cards  of 
instructions;  and  he  shall  furnish  a  suitable  number  of  the 
•ame  to  each  town  and  ward. 


31 

SECT.  12.  The  secretary  of  state  shall  send  in  a  sealed 
package  the  ballots  printed  by  him  to  the  several  city  and  town 
clerks,  so  as  to  be  received  by  them  twelve  hours,  at  least, 
prior  to  the  day  of  election.  The  same  shall  be  marked  on 
the  outside,  clearly  designating  the  town  or  ward  for  which 
they  are  intended  and  the  number  of  ballots  of  each  kind 
inclosed ;  and  the  city  and  town  clerks  shall,  on  delivery  to  them 
of  such  package,  return  receipts  therefor  to  the  secretary.  The 
secretary  shall  keep  a  record  of  the  time  when  and  the  manner  in 
which  the  several  packages  were  forwarded. 

SECT.  13.  The  several  city  and  town  clerks  shall  deliver  to 
the  election  officers,  before  the  opening  of  the  polls  on  the 
day  of  any  election  held  under  this  chapter,  the  sealed  pack- 
ages of  ballots  in  their  possession.  At  the  opening  of  the  polls 
in  each  town  or  ward,  the  seal  of  the  packages  shall  be  pub- 
licly broken  by  the  ward  or  town  clerk  and  the  ballots 
shall  be  delivered  by  him  to  the  ballot  clerks  hereinafter  pro- 
vided for.  The  cards  of  instruction  shall  be  immediately  posted 
at  or  in  each  marking  shelf  or  compartment  provided  in  ac- 
cordance with  the  provisions  of  this  chapter  for  the  marking  of 
ballots,  and  not  less  than  three  such  cards  shall  be  immediately 
posted  in  or  about  the  polling  room,  outside  the  guard-rails. 
If  from  any  cause  the  official  ballots  have  not-  been  received  at 
the  polling  place  of  any  town  or  ward  on  the  morning  of 
election  and  before  the  opening  of  the  polls,  or  in  case  the 
supply  of  ballots  shall  become  exhausted  during  the  process 
of  balloting  and  before  the  polls  are  closed,  it  shall  be  the 
duty  of  the  town  or  city  clerk  as  the  case  may  be,  to  cause 
unofficial  ballots  to  be  prepared  substantially  as  far  as  may 
be  in  form  of  the  official  ballots,  and  upon  receipt  of  such 
unofficial  ballots  from  him  accompanied  by  a  statement  under 
oath  that  the  same  have  been  so  prepared,  and  that  the 
official  ballots  have  so  failed  to  be  received  or  that  the  supply 
of  official  ballots  has  become  exhausted,  the  election  officers 
shall  cause  the  unofficial  ballot  so  substituted  to  be  used  in 
lieu  of  the  official  ballots,  in  order  that  no  voter  shall  be  de- 
prived of  the  right  to  vote  for  the  lack  of  a  ballot. 


32 

BALLOT  INSPECTORS. 

SECT.  14.  The  mayor  and  board  of  aldermen  of  each  city, 
and  the  selectmen  of  each  town,  at  some  time  between  the 
first  and  tenth  day  of  October  preceding  the  biennial  election, 
shall  appoint  as  additional  election  officers,  to  act  with  the 
clerk,  moderator,  and  the  selectmen  at  each  polling  place,  four 
inspectors.  Such  officers  shall  be  qualified  voters  at  the  said 
polling  place  and  shall  be  appointed  from  the  two  political 
parties  which  cast  the  largest  number  of  votes  for  governor 
in  the  state  at  the  biennial  election  next  preceding  their 
appointment,  and  two  of  the  inspectors  shall  be  of  a  different 
political  faith  from  that  of  the  clerk  and  the  other  inspectors. 
The  aforesaid-  appointments  shall  be  made  from  nominations 
of  caucuses  of  the  two  parties  above  named,  holden  by  the 
ward  or  town,  provided  such  nominations  were  made  on  or 
before  the  first  day  of  October.  If  any  appointment  shall  not 
be  made  within  the  specified  time,  then,  on  the  application  of 
six  qualified  voters,  a  justice  of  the  supreme  court  shall  ap- 
point. Each  of  said  officers  shall  be  sworn  to  the  faithful 
performance  of  his  duties,  and  shall  hold  office  for  two  years 
from  the  first  day  of  November  in  the  year  in  which  he  is 
appointed,  and  until  a  successor  is  appointed,  and  qualified. 

In  case  of  any  vacancy,  or  the  absence  of  any  of  these 
officers  so  appointed  from  any  polling  place  at  any  election 
held  under  this  chapter,  the  selectmen  shall  appoint  some 
person  qualified  as  aforesaid  to  fill  said  office,  and  the  said 
appointment  shall  be  made  from  nominations  of  aforesaid 
caucuses,  or,  in  the  absence  of  such  nominations,  then  from 
similar  nominations  of  the  ward  or  town  executive  committee 
of  the  two  parties  above  named,  provided  such  nominations 
are  made. 

Two  of  the  inspectors,  one  from  each  of  the  two  political 
parties  above  named,  shall  be  detailed  by  the  moderator  at  the 
opening  of  the  polls  to  act  as  ballot  clerks.  They  shall  have 
the  charge  of  the  ballots  therein  and  shall  furnish  them  to  the 
voters  in  the  manner  herein  set  forth.  A  duplicate  check-list 
of  the  qualified  voters  shall  be  prepared  for  the  use  of  the 
ballot  clerk,  and  all  the  provisions  of  law  relative  to  the 
preparation,  furnishing,  and  preservation  of  check-lists  shall 


33 

apply  to  such  duplicate  list.  The  other  two  inspectors  shall 
be  detailed  by  the  moderator  to  assist  the  illiterate  and  physi- 
cally disabled  in  the  marking  of  their  ballots,  as  provided  in 
section  19  of  this  act. 

DESCRIPTION    OF    BOOTHS. 

SECT.  15.  The  selectmen  in  the  different  towns  and  wards 
shall  provide  suitable  places  in  which  to  hold  all  elections 
provided  for  in  this  act,  and  to  see  that  the  same  are  warmed, 
lighted,  and  furnished  with  proper  supplies  and  conveniences, 
including  a  sufficient  number  of  booths,  shelves,  and  soft  black 
lead  pencils,  to  enable  the  voter  to  prepare  his  ballot  for 
voting,  and  in  which  voters  may  prepare  their  ballots,  screened 
from  all  observation  as  to  the  manner  in  which  they  do  BO.  A 
guard  rail  shall  be  so  constructed  and  placed  that  only  such 
persons  as  are  inside  such  rail  can  approach  within  six  feet 
of  the  ballot  box  and  of  such  voting  booths.  The  arrangements 
shall  be  such  that  the  voting  booths  can  be  reached  only  by 
passing  within  said  guard  rail.  They  shall  be  in  plain  view 
of  the  election  officers,  and  both  they  and  the  ballot-boxes  shall 
be  in  plain  view  of  those  outside  the  guard  rail.  Each  of  said 
booths  shall  have  three  sides  inclosed,  one  side  in  front  to 
open  and  shut  by  a  door  swinging  outward,  or  to  be  inclosed 
with  a  curtain.  Each  side  of  said  booths  shall  be  not  less 
than  six  feet  high,  and  the  door  or  curtain  shall  extend  to 
within  two  feet  of  the  floor,  and  said  door  or  curtain  shall  be 
closed  while  the  voter  is  preparing  his  ballot,  and  each  of  said 
booths  shall  be  well  lighted.  Each  booth  shall  be  at  least 
three  feet  square,  and  shall  contain  a  shelf  at  least  fifteen 
inches  wide,  at  a  convenient  height  for  writing.  No  persons 
other  than  the  election  officers  and  the  voters  admitted  as 
herein  provided,  shall  be  permitted  within  said  rail,  except 
by  authority  of  the  election  officers,  and  then  only  for  the 
purpose  of  keeping  order  and  enforcing  the  law.  The  number 
of  such  voting  booths  shall  not  be  less  than  one  to  every 
seventy-five  voters,  or  fraction  thereof,  qualified  to  vote  at 
such  polling  place,  and  there  shall  not  in  any  case  be  less 
than  two  of  these  voting  booths  at  any  polling  place.  Cities  and 
towns  shall  provide  suitable  ballot-boxes,  which  shall  be  used 


34 

at  all  elections  therein.  At  the  opening  of  the  polls,  and 
before  any  election  under  this  chapter,  the  ballot-box  shall  be 
publicly  opened  and  shown  to  be  empty,  and  the  election 
officers  shall  ascertain  that  fact  by  a  personal  examination  of 
the  ballot-box. 

POLLS— OPENING    AND    CLOSING. 

In  all  elections  by  the  voters  in  their  wards  the  polls  shall 
be  opejied  at  any  time  between  the  hours  of  six  and  nine 
o'clock  in  the  forenoon  of  the  day  of  election,  as  city  coun- 
cils in  said  city  shall  determine,  and  shall  be  kept  open  until 
three  o'clock,  and  not  later  than  six  o'clock  in  the  afternoon, 
as  the  meeting  shall  direct;  and  but  one  balloting  shall  be  had 
during  the  day  for  each  officer  to  be  voted  for;  but  this 
section  shall  not  apply  to  special  elections  called  to  fill  vacan- 
cies in  any  ward  office. 

At  all  biennial  elections  in  towns  the  polls  shall  be  opened 
not  later  than  ten  o'clock  in  the  forenoon  and  shall  not  be 
closed  earlier  than  three  o'clock  in  the  afternoon. 

MANNER    OF    VOTING. 

SECT.  16.  Any  person  desiring  to  vote  shall,  before  being 
admitted  within  the  guard-rail,  give  his  name  to  one  of  the 
ballot-clerks,  who  shall  thereupon  likewise  announce  the  earne, 
and  if  such  name  is  found  upon  the  check-list  by  said  ballot 
clerk,  he  shall  put  a  check  mark  against  it  and  again  repeat 
the  said  name.  The  voter,  unless  challenged,  shall  then  be 
allowed  to  enter  the  space  inclosed  by  the  guard-rail,  as  above 
provided.  If  his  vote  is  challenged,  he  must  not  enter  until 
he  makes  the  affidavit  now  required  by  law.  After  he  enters 
the  inclosed  space,  the  ballot  clerk  shall  give  him  one  ballot 
only.  Besides  the  election  officers,  no  more  voters  than  the 
number  of  marking  shelves  or  compartments  provided  shall  be 
allowed  in  said  inclosed  space  at  one  time;  but  this  number 
shall  not  include  any  voter  who  is  engaged  in  the  act  of  de- 
positing his  ballot  in  the  ballot-box,  as  herein  provided.  If 
any  voter  spoils  a  ballot,  he  may  successively  receive  others, 
one  at  a  time,  not  exceeding  three  in  all,  upon  returning  each 
•poiled  one.  The  ballot*  thus  returned  shall  be  immediately 


35 

marked    "cancelled,"    by    the    ballot    clerk,    and,    together    with 
those    not    distributed    to    the    voters,    shall    be    preserved. 

SECT.  17.  On  receipt  of  his  ballot,  the  voter  shall  forthwith, 
and  without  leave  the  inclosed  space,  retire  alone  to  one  of 
the  voting  shelves  or  compartments,  and  shall  prepare  his 
ballot.  Before  leaving  the  voting  shelf  or  compartment,  the 
voter  shall  fold  his  ballot  without  displaying  the  marks  thereon, 
in  the  same  way  it  was  folded  when  received  by  him,  and  he 
shall  keep  the  same  so  folded  until  he  has  voted.  He  shall 
immediately  give  his  name  to  the  ward  or  town  clerk,  who 
shall  likewise  repeat  the  same  and  place  a  check  mark  against 
it  on  his  check-list.  The  voter  shall  forthwith  present  his 
ballot  with  the  official  endorsement  uppermost  to  the  moderator, 
who  shall  then  deposit  the  same  in  the  ballot-box.  He  shall 
mark  and  deposit  his  ballot  without  undue  delay,  and  shall 
quit  said  enclosed  space  so  soon  as  he  has  voted.  No  voter 
shall  be  allowed  to  occupy  a  voting  shelf  or  compartment 
already  occupied  by  another,  nor  to  remain  within  said  enclosed 
space  more  than  ten  minutes,  nor  to  occupy  a  voting  shelf  or 
compartment  for  more  than  five  minutes,  in  case  all  of  such 
shelves  or  compartments  are  in  use,  and  other  voters  are 
waiting  to  occupy  the  same.  No  voter,  not  an  election  officer, 
whose  name  has  been  checked  on  the  list  by  the  ballot  clerks, 
shall  be  allowed  to  re-enter  said  enclosed  space  during  said 
election  unless  another  balloting  is  had.  It  shall  be  the  duty 
of  the  moderator  to  secure  the  observance  of  the  provisions 
of  this  section,  and  of  other  sections  relative  to  the  duties  of 
election  officers. 

DISAGREEMENT    ON    COUNT. 

SECT.  18.  If  a  voter  votes  for  more  names  for  any  one 
office  than  there  are  persons  to  be  elected  to  such  office,  or  if, 
for  any  reason,  a  disagreement  occurs  among  those  present  at 
the  counting  of  the  ballots,  as  provided  in  this  act,  as  to  the 
voter's  choice  for  any  office  to  be  filled,  and  a  majority  of  those 
so  present  shall  decide  that  it  is  impossible  to  determine  the 
voter's  choice  for  that  office,  his  ballot  shall  be  regarded  as 
defective  therein,  and  shall  not  be  counted  with  referene  to 
that  office. 


36 

"DEFECTIVE"    BALLOTS. 

No  ballot  without  the  official  indorsement  shall,  except  as 
herein  otherwise  provided,  be  allowed  to  be  deposited  in  the 
ballot-box,  and  none  but  ballots  provided  in  accordance  with 
the  provisions  of  this  act  shall  be  counted.  All  ballots  not 
counted  in  whole  or  in  part,  on  account  of  defects,  shall  be 
marked  "defective"  on  the  back  thereof  by  the  moderator, 
and  shall  be  sealed  with  the  other  ballots  cast  and  returned 
to  the  city  or  town  clerks. 

COUNTING    BALLOTS. 

Immediately  after  the  polls  are  closed  the  ballots  shall  be 
examined  and  the  votes  for  the  several  candidates  and  on  the 
questions  submitted  shall  be  counted  by  the  moderator,  in  the 
presence  of  the  town  clerk,  the  selectmen,  and  the  other  elec- 
tion officers  herein  provided. 

The  counting  shall  be  public,  but  within  the  guard-rail,  and 
shall  not  be  adjourned  nor  postponed  until  it  shall  have  been 
completed,  and  the  whole  number  of  ballots  cast  for  each 
person  and  on  each  question  submitted  to  the  voters  shall  have 
been  publicly  announced.  While  being  counted  no  ballot  shall 
be  placed,  nearer  than  four  feet  of  the  guard-rail  which  forms 
the  inclosure  in  which  the  counting  is  done,  during  which 
time  only  the  aforesaid  officers  shall  be  allowed  within  eaid 
inclosure. 

The  check-lists  and  all  ballots  cast  shall  be  preserved, 
according  to  existing  laws  for  the  preservation  of  ballots. 

ASSISTANCE    TO    VOTER. 

SECT.  19.  Any  voter  who  declares  to  the  moderator,  under 
oath,  that  he  cannot  read,  or  that  because  of  his  blindness 
or  other  physical  disability  he  is  unable  to  mark  his  ballot, 
shall,  upon  his  choice  and  request,  receive  the  assistance  of 
one  or  both  of  the  election  officers  detailed  for  that  purpose 
by  the  moderator;  and  such  officer  or  officers  shall  certify  on 
the  outside  thereof  that  it  was  so  marked  with  his  or  their 
assistance,  and  shall  thereafter  give  no  information  regarding 
the  same. 


37 


DISTINGUISHING  MARK  ON  BALLOT. 

SECT.  20.  A  voter  who  shall,  except  as  herein  otherwise 
provided,  allow  his  ballot  to  be  seen  by  any  person,  with  the 
intention  of  letting  it  be  known  how  he  is  about  to  vote,  or 
place  a  distinguishing  mark  upon  his  ballot,  or  shall  write 
any  name  as  the  candidate  of  his  choice,  with  the  intention  of 
placing  thereby  a  distinguishing  mark  upon  his  ballot,  or  who 
in  voting  shall  use  or  attempt  to  use  any  ballot  not  given  him 
by  the  ballot  clerk,  in  manner  hereinbefore  provided,  or  who 
shall  make  a  false  oath  as  to  his  inability  to  mark  his  ballot, 
or  any  person  who  shall  interfere  or  attempt  to  interfere  with 
any  voter  when  such  voter  ia  inside  the  inclosed  space,  or  who 
shall  endeavor  to  induce  any  voter,  before  voting,  to  show  how 
he  marks  or  has  marked  his  ballot,  or  otherwise  violate  any 
provision  of  this  act,  shall  be  punished  by  fine  of  not  more 
than  five  hundred  dollars  or  be  imprisoned  not  exceeding  six 
months;  and  the  election  officers  shall  see  that  the  offender 
is  duly  brought  before  the  proper  court  for  trial. 


VIOLATIONS    OF    SECRET    BALLOT. 

SECT.  21.  Any  person  who  shall  falsely  make  or  file  or  will- 
fully deface  or  destroy  any  certificate  of  nomination  or  nomin- 
ation paper,  or  any  part  thereof,  or  sign  any  such  certificate  or 
paper  contrary  to  the  provisions  of  this  act,  knowing  the  same 
or  any  part  thereof  to  be  falsely  made,  or  suppress  any  cer- 
tificate of  nomination  or  nomination  paper,  or  any  part  thereof, 
which  has  been  duly  filed,  or  forge  or  falsely  make  the  official 
endorsement  on  any  ballot,  or  willfully  destroy,  deface,  mark 
or.  alter  any  ballot,  or  shall  furnish  to  any  voter  a  ballot  with 
the  intent  that  such  voter  shall  use  the  same  in  voting  instead 
of  the  ballot  given  or  to  be  given  him  by  the  ballot  clerk, 
as  herein  provided,  or  shall  take  or  remove  any  ballot  outside 
of  the  inclosure  provided  for  voting  before  the  close  of  the 
polls,  or  willfully  delay  the  delivery  of  any  ballots,  shall  be 
punishd  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  the  jail  for  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment. 


38 

SECT.  22.  Any  public  officer  upon  whom  a  duty  is  imposed 
by  this  act,  who  shall  willfully  neglect  to  perform  such  duty,  or 
who  shall  willfully  perform  it  in  such  a  way  as  to  hinder  the 
objects  of  this  act,  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  imprisonment  in  jail  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

SECT.  23.  It  shall  be  a  misdemeanor  for  any  person  engaged 
in  preparing  or  printing  the  official  ballot  to  purloin,  or  give 
away,  or  allow  to  be  removed  any  of  such  ballots.  A  voter 
shall  not  allow  his  ballot  to  be  seen  or  examined  by  any  person, 
except  as  prescribed  in  this  act,  nor  shall  any  person  interfere 
with  any  voter  when  such  voter  is  within  the  inclosed  space, 
or  attempt  in  any  manner  to  influence  or  change  his  vote.  No 
person  shall  destroy  any  certificate  of  nomination  or  nomina- 
tion paper,  or  sign  any  such  certificate  or  nomina- 
tion paper,  or  sign  the  name  of  any  other  person  to  such 
certificate  or  nomination  paper,  except  as  provided  in  this 
act.  Whoever  willfully  violates  any  of  the  provisions  of  this 
section  shall  be  fined  not  exceeding  five  hundred  dollars,  or 
be  imprisoned  not  exceeding  six  months.  Any  and  all  fines 
imposed  by  this  section  shall  be  paid  to  the  county  in  which 
the  person  is  prosecuted. 


Precinct  Law 

LAWS  1919,  CHAPTER  30.  SECTION  1.  Any  town  may  vote  to 
establish  voting  districts  and  additional  polling  places  therein 
for  use  at  the  biennial  elections. 

SECT.  2.  If  any  town  shall  so  vote,  the  selectmen  shall 
provide  one  or  more  additional  polling  places  in  such  town, 
and  shall  at  least  thirty  days  before  the  next  following  general 
election  determine  the  territorial  limits  of  the  voting  district 
to  be  served  by  each  such  additional  polling  place.  The  polling 
place  presided  over  by  the  moderator  of  the  town  shall  be 
known  as  the  central  polling  place,  and  all  other  polling  places 
in  such  town  shall  be  known  as  additional  polling  places.  A 
voting  district  and  polling  place  so  -established  shall  continue  to 
be  such  for  successive  general  elections  until  the  town  shall 
vote  to  discontinue  the  same,  but  the  selectmen  may  from 


39 

time  to  time  increase  or  diminish  the  territorial  limits 
of  each  such  district  in  order  to  more  effectually  accom- 
modate the  voters  of  such  town.  Election  officers  and 
town  officers  who  are  residents  of  additional  polling 
districts  but  are  on  duty  at  the  central  polling  place  may 
keep  their  names  on  central  polling  place  check-list  by 
so  arranging  with  supervisors  of  check-list. 

SECT.  3.  The  selectmen  shall  equip  each  such  addi- 
tional polling  place  in  the  same  manner  as  required  by 
existing  law  to  equip  central  polling  places. 

SECT.  4.  Immediately  after  the  establishment  of  an 
additional  polling  place  and  the  creation  of  the  voting 
district  to  be  served  by  such  additional  polling  place  the 
supervisors  of  the  check-list  shall  prepare  a  list  of  the 
voters  entitled  to  vote  at  each  such  polling  place,  and 
shall  revise  the  same  from  time  to  time  as  by  existing 
laws,  and  shall  at  least  fourteen  days  before  any  general 
election  post  at  one  or  more  public  places  within  the 
voting  district  a  true  and  attested  copy  of  such  list,  and 
shall  on  the  day  of  such  general  election  before  the 
opening  of  the  polls  at  the  central  polling  place  lodge 
with  the  town  clerk  of  said  town  duplicate  copies  of  the 
list  by  them  prepared  and  revised. 

SECT.  5.  The  selectmen  .shall  appoint  a  presiding 
officer  and  a  clerk  who  shall  each  be  residents  of  the 
voting  district  in  which  such  additional  polling  place  is 
located  for  each  additional  polling  place,  and  the  duties 
of  such  presiding  officer  and  clerk  shall  be  the  same 
within  the  voting  district  at  such  election  as  are  the 
duties  of  the  moderator  and  clerk  of  the  town  at  the 
central  polling  place  except  as  herein  otherwise  provided. 
The  selectmen  shall  also  appoint  for  each  additional 
polling  place  four  inspectors  of  elections,  who  shall  be 
residents  of  the  voting  districts  in  which  the  polling 
place  is  situated,  and  who  shall  be  appointed  in  the  same 
manner  as  such  officers  are  appointed  for  the  central 
polling  places  under  existing  laws,  and  'the  duties  of  such 
inspectors  shall  be  the  same  as  the  duties  of  the  inspec- 
tors at  the  central  polling  place  except  as  herein  other- 
wise provided.  The  officers  so  appointed  shall  be  sworn 
before  entering  upon  the  duties  of  their  appointment, 
and  shall  be  subject  to  the  .same  penalties  for  mis- 
conduct in  office  as  are  provided  under  existing  laws. 


40 

SECT.  6.  As  soon  as  the  polls  are  opened  at  the  cen- 
tral polling  place  on  the  day  of  the  general  election  the 
town  clerk  shall  seal  up  the  duplicate  copies  of  the 
<5heck-list  for  each  additional  polling  place  lodged  with 
him  by  the  supervisor  and  with  a  number  of  blank  bal- 
lots equal  to  the  number  of  voters  on  such  check-list  and 
fifty  additional  ballots.  This  package  shall  be  prepared 
and  sealed  in  the  presence  of  the  moderator  and  select- 
men and  delivered  to  two  designated  election  officers  of 
the  polling  place  to  which  it  is  to  be  conveyed,  who  shall 
be  of  different  political  parties,  who  shall  carry  the  same 
to  such  polling  place  with  all  reasonable  speed. 

SECT.  7.  The  voting  at  cash  additional  polling  place 
shall  be  conducted  as  at  the  central  polling  place. 

SECT.  8.  Upon  closing  the  polls  at  the  additional 
polling  place,  the  box  in  which  ballots  have  been 
there  deposited  shall  be  sealed  up  by  the  presiding  officer 
in  the  presence  of  the  inspectors  of  election  without 
opening  the  box,  and  the  clerk  at  such  polling  place  shall 
so  certify.  The  presiding  officer  shall  also  seal  up  the 
duplicate  che^k-lists  used  at  such  polling  place  together 
with  the  spoiled  and  unused  ballots,  and  the  ballot  box 
containing  the  ballots  voted  as  aforesaid,  and  send  the 
same  to  the  moderator  of  the  town  at  the  central  polling 
place  by  two  designated  election  officers  who  shall  be  of 
different  political  parties,  who  shall  deliver  the  same 
with  the  seals  unbroken,  without  unnecessary  delay,  at 
the  central  polling  place.  The  ballot  boxes  from  the 
additional  polling  places  shall  be  opened  by  the  moder- 
ator at  the  central  polling  place  and  the  ballots  there 
counted,  and  the  result  of  the  ballot  of  the  entire  town 
announced  by  the  moderator  as  if  all  the  ballots  had 
been  cast  at  the  central  polling  pla3e.  The  town  clerk 
shall  receive  the  duplicate  check-lists  and  ballots  as 
returned  and  dispose  of  the  same  as  provided  by  existing 
law. 

SECT.  9.  The  provisions  of  this  act  shall  apply  to  all 
elections  held  in  such  cities  as  may  by  vote  of  the  city 
council  thereof  accept  the  provisions  of  this  act.  The 
creation  of  voting  districts  in  city  wards,  the  establish- 
ment of  additional  polling  places  in  wards  therein,  and 
the  selection  of  the  various  election  officers  therefor  shall 
be  made  by  said  city  council. 


41 
Elections  in  Other  Cases* 

P.  S.,  CHAP.  34,  SECTION  1.  A  suitable  box  or  boxes  snail 
be  provided  by  the  selectmen,  at  the  expense  of  the  town,  in 
which  to  receive  the  ballots  of  the  voters. 

SECT.  2.  The  full  Christian  and  surname  of  every  person 
voted  for,  with  the  initial  letter  or  letters  of  the  middle  name, 
and  the  usual  abbreviations  for  junior,  second,  third,  and  the 
like,  shall  be  written  or  printed  upon  every  ballot.  Blank 
pieces  of  paper  shaM  not  be  counted  as  ballots. 

MODE    OF    BALLOTING. 

SECT.  3.  Each  voter  shall  deliver  his  ballot  to  the  moderator 
in  open  meeting,  and  the  moderator,  on  receiving  the  ballot, 
shall  direct  the  town  clerk  to  check  the  name  of  the  voter  on 
the  check-list,  and  shall,  without  inspecting  the  name  of  any 
person  voted  for,  examine  the  ballot  so  far  only  as  to  de- 
termine whether  the  same  contains  more  than  one  ticket;  if  it 
does  not,  he  shall  place  the  ballot  in  the  ballot  box;  but  if 
it  does  he  shall  make  it  manifest  to  the  meeting  and  reject 
the  same,  unless  the  voter  shall  correct  his  ballot. 

SECT.  5.  If  several  officers  are  to  be  voted  for  upon  one 
ticket,  no  person  shall  be  obliged  to  vote  for  each.  When 
more  than  one  description  of  officers  is  voted  for  on  the  same 
ticket,  any  ticket  which  docs  not  contain  at  least  one  vote  for 
each  description  of  officers  shall  be  regarded  as  a  blank  as  to 
the  description  of  officers  omitted. 

SECT.  6.  The  moderator  shall,  in  the  meeting,  in  presence 
of  the  selectmen  and  town  clerk,  sort  and  count  the  votes,  and 
make  a  public  declaration  of  the  whole  number  of  tickets 
given  in,  with  the  name  of  every  person  voted  for,  and  the 
number  of  votes  for  each  person;  and  the  town  clerk  shall 
make  a  fair  record  thereof  at  large  in  the  books  of  the  town. 

SECT.  7.  The  selectmen  and  town  clerk  shall  assist  in  sort- 
ing and  counting  the  votes,  but  no  other  person  shall  in  any 
manner  interfere  therewith. 

*Laws  of  1897,  Chap.  78,  applies  to  national  and  state 
elections  only. 


42 

SECT.  8.  No  ballot  shall  be  received  and  counted  after  the 
votes  have  been  declared. 

SECT.  9.  In  determining  the  result  of  any  election,  the 
whole  number  of  persons  voting  for  any  officer  shall  be  first 
ascertained  by  counting  the  whole  number  of  separate  tickets 
given  in;  and  no  person  shall  be  declared  elected  to  any 
office  who  shall  not  have  received  a  majority  of  the  whole 
number  of  tickets  given  in  for  such  office,  except  in  cases  in 
which  it  is  otherwise  specially  provided. 

SECT.  10.  If  a  number  of  candidates  greater  than  the 
requisite  number  shall  severally  receive  a  majority,  a  number 
equal  to  the  requisite  number,  having  the  greatest  excess  over 
such  majority,  shall  be  declared  elected.  But  if  the  number 
to  be  elected  cannot  be  completed  by  reason  of  any  two  or 
more  candidates  having  received  an  equal  majority,  and  making 
one  or  more  greater  than  the  requisite  number,  the  candidates 
having  such  equal  majority  shall  be  declared  not  to  be  elected. 

SECT.  11.  The  town  clerk  shall  have  with  him,  in  the  meet- 
ing, during  its  continuance,  all  the  laws  in  force  relating  to  the 
subject  of  elections. 

SECT.  12.  The  foregoing  eleven  sections  shall  be  applicable 
so  far  as  they  do  not  conflict  with  the  provisions  of  the  pre- 
ceding chapter.  (Laws  of  1897,  Chap.  78.) 

PRESERVATION   OF   BALLOTS. 

SECT.  13.  After  the  ballots  given  in  for  governor,  councilors, 
senators,  electors  of  president  and  vice-president,  representa- 
tive in  congress,  county  officers,  and  those  given  in  for  repre- 
sentatives to  the  general  court,  at  the  ballotings  upon  which 
they  were  declared  elected,  have  been  counted  and  a  declaration 
and  record  of  the  result  made,  the  moderator,  in  the  presence 
of  the  selectmen,  shall  place  the  ballots  in  a  suitable  envelope 
or  other  wrapper,  and  seal  the  package  in  a  manner  best  cal- 
culated to  prevent  them  from  being  removed  or  tampered  with. 
The  moderator  and  selectmen  shall  indorse  and  subscribe  upon 
the  outside  of  the  package  a  certificate  as  follows:  Inclosed 

are  all   the  ballots  given  in  at  the  election   in  the  town  of  

(or,    Ward    ,in    the    city    of    -).    on    the    day 


43 

of  ,   19 — ,  required  by   law  to  be   preserved.     Sealed   up 

by    the   moderator   in    the   presence   of   the   selectmen.      Signatures 
of    moderator    and    selectmen. 

The  moderator  shall  deliver  the  same  to  the  town  clerk  in 
the  presence  of  the  selectmen  before  the  adjournment  -of  the 
meeting;  and  the  town  clerk,  in  their  presence,  shall  make 
thereon  and  subscribe  a  minute  of  the  day  and  hour  when 
received.  These  provisions  shall  not  apply  to  the  wards  of 
cities  whose  charters  provide  a  different  method  for  the  preser- 
vation of  ballots. 

DISPOSITION  OF  BALLOTS. 

LAWS  1903,  CHAP.  30,  SECTION  1.  Ward  and  town  officers 
whose  duties  it  is  to  receive  and  count  ballots  cast  at  biennial 
elections  for  United  States,  state  and  county  officers  and  for 
supervisors  of  the  check-list  and  moderator,  shall  immediately 
after  the  ballots  are  counted  and  sealed,  deliver  them  thus 
sealed,  to  the  city  clerk  or  town  clerk  or  a  representative  desig- 
nated by  such  clerk,  who  shall  without  breaking  the  seal  or 
otherwise  changing  the  condition  of  the  package  deposit  the 
same  in  the  office  of  such  city  or  town  clerk,  who  shall  keep 
said  ballots  for  a  period  of  sixty  days.  If  any  person  for 
whom  a  ballot  was  cast  and  recorded  at  any  biennial  election 
shall  so  request  in  writing  within  said  sixty  days  the  clerk 
having  the  custody  of  the  ballots  shall  forthwith  forward  them 
to  the  secretary  of  state,  who  shall  receive  and  preserve  them 
until  the  next  succeeding  biennial  election.  All  ballots  re- 
maining in  possession  of  the  town  or .  city  clerk  shall  be 
destroyed  at  the  expiration  of  sixty  days  after  an  election. 

INSPECTION    OF    BALLOTS. 

LAWS  1897,  CHAP.  82,  SECTION  2.  If  any  person  for  whom  a 
vote  was  cast  and  recorded  for  any  office  at  a  biennial  election, 
before  the  expiration  of  ninety  days,  shall  apply  in  writing  to 
the  secretary  of  state  for  an  inspection  of  the  ballots  ;:;von  in 
for  all  persons  for  such  office,  and  state  in  his  application  the 
names  of  the  opposing  candidates,  the  secretary  of  state  shall 
appoint  a  time  for  the  inspection  not  earlier  than  fifteen  days 
after  the  receipt  of  the  application.  Such  inspection  shall  take 


44 

place  in  the  state  house,  and  the  secretary  shall  order  the 
applicant  to  give  notice  thereof  by  giving  to  each  of  the 
opposing  candidates,  or  leaving  at  his  place  of  abode,  a  copy 
of  the  application  and  order  of  notice  seven  days  at  least 
prior  to  the  day  so  appointed  for  inspection  of  the  ballots. 
No  other  notice  shall  be  required. 

SECT.  3.  At  the  time  and  place  so  appointed  and  notified, 
the  secretary  cf  state  shall  produce  the  ballots,  and  they  shall 
be  open  to  the  inspection  of  the  candidates  and  their  counsel 
under  such  suitable  rules  as  the  secretary  of  state  shall 
prescribe. 

SECT.  4.  The  candidate  petitioning  for  an  inspection  of  the 
ballots  shall  pay  the  secretary  of  state  the  same  fee  prescribed 
in  Section  15  of  Chapter  153  of  the  Laws  of  1909,  as  amended 
for  recount  following  direct  primary. 

SECT.  17.  Upon  the  conclusion  of  every  inspection  and 
every  examination  of  ballots,  the  secretary  shall  place  them, 
and  all  envelopes  ,  or  wrappers  which  had  previously  contained 
them,  in  a  new  envelope  or  wrapper,  and  seal  it,  and  indorse 
upon  it  a  certificate  showing  the  contents,  and  the  date  when 
and  the  reason  why  it  was  opened  and  examined,  and  shall 
retain  it  until  the  time  fixed  by  law  for  its  destruction  arrives. 

SECT.  18.  Whoever  shall  willfully  violate  any  of  the  pro- 
visions of  the  five  sections  next  preceding  shall  be  fined  not 
exceeding  five  hundred  dollars. 


Presidential  Primary  Law 

LAWS  1913,  CHAP.  167  (as  amended),  SECTION  1.  On  the 
second  Tuesday  in  March  in  the  year  1916,  and  each  year 
thereafter  when  a  president  of  the  United  States  is  to  be 
elected,  a  primary  shall  be  held  for  the  election  of  delegates 
a  tlarge,  alternate  delegates  at  large,  delegates,  and  alernate 
delegates  to  th  national  conventions  of  the  various  political 
parties  to  be  held  to  nominate  party  candidates  for  president 
and  vice-president  of  the  United  States. 

SECT.  2.  Said  primary  election  in  towns  shall  be  held  in 
connection  with  the  regular  March  meeting;  said  primary 


45 

election  in  cities  shall  be  held  at  the  regular  polling  places 
in  the  various  wards;  and  in  all  cases  the  said  primary  election 
shall  be  conducted  by  the  regular  election  officers. 

SEBT.  3.  (1)  In  all  towns  the  polls  shall  be  held  open  not 
less  than  four  hours,  and  so  much  longer  as  shall  be  neces- 
sary to  afford  every  voter  present  and  desiring  to  vote  an 
opportunity  to  vote,  and  until  the  voters  present  shall  vote  to 
close  the  polls.  (2)  In  cities,  the  polls  shall  be  held  open 
from  3  o'clock  P.  M.  till  8  o'clock  P.  M. 

SECT.  4.  The  secretary  of  state  shall  prepare  and  distribute 
for  use  at  such  primary  an  official  ballot  for  each  political 
party. 

DECLARATIONS    OF    CANDIDATES. 

SECT.  5.  The  name  of  no  candidate  shall  be  printed  upon 
any  such  ballot  unless  not  more  than  sixty  nor  less  than 
eighteen  days  before  the  primary  he  shall  have  filed  with  the 
secretary  of  state  a  declaration  of  candidacy,  and  unless  he, 
or  some  person  for  him,  shall  have  paid  to  the  secretary  of 
state  a  filing  fee  of  ten  dollars  ($10),  or  file  with  the  secretary 
of  state  a  petition  containing  one  hundred  (100)  names  of 
legal  voters  requesting  that  his  name  be  placed  on  the  primary 
ballot,  provided,  however,  that  vacancies  on  the  primary  ballot 
of  any  party  may  be  filled  as  provided  in  section  6  of  this  act. 
Declarations  of  candidacy  shall  be  in  form  as  follows : 

I declare     that     I     reside     in     ward 

in    the    city     (or    town)     of    

county    of and    state    of    New 

Hampshire,  and  am  a  qualified  voter  therein;  that  I  am  a  mem- 
ber of  the  party;  that  I  am  a  candidate  for 

election  as  delegate  (or  as  alternate  delegate  or  delegate  at 
large  or  alternate  delegate  at  large)  to  the  national  convention 

of     the     party     next     to    be    held 

for  the  nomination  of  candidates  of  said  party  for  president 
and  vice-president  of  the  United  States.  I  request  that  my 
name  be  printed  as  such  candidate  on  the  official  ballot  of  the 

party    to    be    used    at    the 

primary  to  be  held  on  the  second  Tuesday  of  March  next 
(changed  from  third  Tuesday  of  May).  I  further  declare  that 


46 

if  elected  aa  such  delegate  (or  alternate  delegate  or  delegate 
at  large  or  alternate  delegate  at  large)  I  will  attend  such  con- 
vention unless  I  shall  be  prevented  by  sickness  or  other  occur- 
rence over  which  I  have  no  control.  If  the  person  desires  to 
do  so,  he  may  add  -to  such  declaration  the  following  etatement : 
I  pledge  myself,  if  elected  as  such  delegate  (or  alternate  dele- 
gate or  delegate  at  large  or  alternate  delegate  at  large)  to 
vote,  in  said  convention  whenever  I  shall  vote,  for  the  nomina- 
tion of  (inserting  the  name  of  any  person)  as  the  candidate 
of  said  party  for  president  so  long  as  he  shall  be  a  candidate 
before  said  convention,  and  I  request  that  after  my  name  upon 
the  ballot  shall  be  printed  the  words  pledged  to  vote  for  the 
nomination  of  (naming  the  same  person)  for  president.  And 
in  that  event  ,  said  words  shall  be  printed  upon  the  primary 
ballot  following  his  name  as  requested. 

VACANCY    ON    BALLOT. 

SECT.  6.  If  there  is  to'  be  a  vacancy  upon  the  primary  ballot 
of  any  party  by  reason  of  the  failure  of  as  many  persons  to 
file  as  candidates  for  delegates  and  for  alternate  delegate  and 
delegate  at  large  and  alternate  delegate  at  large  as  are  to  be 
elected,  such  vacancies  may  be  filled,  after  the  expiration  of 
the  time  allowed  in  this  act  for  filing  and  fifteen  days  before 
the  primary,  by  the  state  committee  of  that  party  without 
the  payment  of  any  fee,  and  the  secretary  of  state  upon  receipt 
of  proper  notice  shall  cause  the  names  selected  by  the  etate 
committee  to  be  printed  upon  the  primary  ballot  to  fill  euch 
vacancies. 

SECT.  7.  (1)  After  completing  the  canvass  of  returns  from 
the  primary,  the  secretary  of  state  shall  send  by  mail  notice 
to  each  person  whose  name  was  printed  upon  the  ballot  of 
any  party  of  the  names  of  the  delegates  at  large,  alternate 
delegates  at  large,  delegates  and  alternate  delegates, 
elected  by  that  party,  and  shall  not  be  required  to 
advertise  the  result  of  said  primary.  (2)  If  any  person  whose 
name  was  printed  as  a  candidate  upon  the  ballot  of  any  party 
is  not  elected  according  to  the  canvass  first  made  by  the 
secretary  of  state,  he  may  obtain  a  recount  by  applying  in 
writing  therefor  to  the  secretary  of  state  within  ten  days  after 


47 

he  shall  have  been  notified  of  the  result  of  the  primary,  and 
by  paying  fees  as  follows:  (a)  If  he  has  been  voted  for 
throughout  the  state,  one  hundred  dollars.  (b)  If  he  has 
been  voted  for  in  a  district  less  in  area  than  the  entire  state, 
fifty  dollars. 

SECT.  8.  The  provisions  of  (the  direct  primary  law)  with 
regard  to  the  preparation  and  distribution  of  ballots,  the'  send- 
ing and  posting  of  notices,  the  preparation  and  posting  of 
check-lists,  the  conduct  of  primaries,  the  registration  and  the 
preservation  of  the  registration  of  the  party  membership  of 
voters,  the  counting  of  votes,  the  making  of  returns  thereof, 
the  canvass  of  the  same,  and  all  other  kindred  subjects,  shall 
apply  to  all  primaries  held  under  the  provisions  of  this  act 
unless  clealy  inconsistent,  the  intent  of  this  act  being  to  pro- 
vide the  same  method  for  the  election  of  all  delegates  and  del- 
egates at  large  and  alternate  delegates  and  delegates  at  large 
to  national  conventions,  as  is  provided  by  that  act  for  the 
nomination  of  officers  and  the  election  of  delegates  to  state 
conventions. 


Election  of  Electors  of  President 
and  Vice-President 

P.  S.,  CHAP.  37.  SECTION  1.  Meetings  for  the  choice  of 
electors  of  president  and  vice-president  shall  be  holden  on 
the  Tuesday  next  following  the  first  Monday  in  November,  in 
every  fourth  year,  dating  from  the  year  eighteen  hundred  and 
eighty. 

SECT.  2.  The  returns  of  votes  for  electors  shall  be  made 
out,  signed,  certified,  sealed,  and  directed,  in  the  manner  pro- 
vided for  the  returns  of  votes  for  senator;  and  the  town 
clerk  shall  transmit  the  same  to  the  office  of  the  secre- 
tary of  state  within  five  days  from  the  date  of  such  election. 

SECT.  3.  The  secretary  by  whom  such  returns  of  votes 
shall  be  received  shall  forward  by  mail  to  the  town  clerks 
receipts  therefor. 

SECT.  4.  The  secretary  shall,  on  the  day  following  the  last 
Wednesday  but  one  of  November,  lay  the  returns  of  votes  for 


48 

electors  of  president  and  vice-president  before  the  governor 
and  council,  to  be  by  them  examined  and  counted.  The 
requisite  number  of  persons  who  shall  have  the  largest  number 
of  votes  returned  shall  be  declared  duly  chosen  electors. 

Sr,cx.  5.  The  governor  shall  cause  the  several  persons  who 
may  be  chosen  electors  to  be  notified  forthwith  of  their  elec- 
tion, and  request  their  attendance  at  the  state  house  in  Con- 
cord on  the  day  fixed  by  the  congress  of  the  United  States 
[second  Monday  in  January]  as  the  day  on  which  electors  shall 
give  their  votes  for  president  and  vice-president. 

SECT.  6.  The  electors  chosen  shall  meet  at  the  state  house 
in  Concord  on  the  day  so  fixed,  and,  by  twelve  o'clock  at 
midday,  give  notice  to  the  governor  and  council  of  the  number 
of  electors  present  who  accept  the  office. 

SECT.  7.  If  the  requisite  number  of  electors  are  not  present 
or  do  not  accept,  or  if  the  requisite  number  of  electors  ehall 
not  be  chosen  by  reason  of  two  or  more  persons  having  an 
equal  number  of  votes,  the  electors  present  who  do  accept,  in 
presence  of  the  governor  and  council,  shall  forthwith  choose 
by  ballot  the  number  wanted  to  complete  the  board. 

SECT.  8.  The  electors  shall  give  their  votes  for  president 
and  vice-president  of  the  United  States,  at  Concord,  on  said 
day,  and  shall  proceed  therein  according  to  law. 

SECT.  9.  They  shall  each  receive  three  dollars  a  day  during 
their  session,  and  ten  cents  a  mile  for  their  travel  to  and 
from  their  place  of  meeting;  and  shall  be  allowed  a  reasonable 
sum,  not  to  exceed  twenty-five  dollars,  to  pay  for  the  services 
of  a  secretary. 


Election  of  Governor,  Councilors 
and  Senators 

P.  S.,  CHAP.  35,  SECTION  1.  The  meetings  in  the  several 
towns,  for  the  election  of  governor,  councilors,  and  senators, 
shall  be  holden  on  the  Tuesday  next  following  the  first  Monday 
in  November,  biennially,  and  at  no  other  time,  dating  from 
the  year  eighteen  hundred  and  seventy-eight. 


49 

LAWS  1897,  CHAP.  24,  SECTION  1.  The  town  and  ward  clerks 
of  the  several  towns  and  wards  in  this  state  shall  make  a  true 
and  certified  copy  of  the  record  of  the  votes  given  in  at  any 
election  of  electors  of  president  and  vice-president  of  the 
United  States,  representative  in  congress,  governor,  councilor, 
senator,  and  representative  to  the  general  court,  and  shall  for* 
ward  the  same,  in  sealed  packages  to  the  secretary  of  state 
within  five  days  from  the  date  of  such  election. 

SECT.  3.  The  secretary,  upon  the  receipt  of  any  such  copy, 
shall  forward  by  mail  to  the  town  clerk  a  receipt  therefor. 

SECT.  4.  Whenever  any  return  of  votes  shall  not  have  been 
received  at  the  office  of  the  secretary  within  the  time  prescribed 
by  law,  it  shall  be  his  duty  immediately  to  notify  the  clerk 
of  the  town  from  which  such  return  has  not  been  received. 
Thereupon  it  shall  be  the  duty  of  the  delinquent  town  clerk 
forthwith  to  forward  such  return. 


Election  of  United  States  Senator 

LAWS  1913,  CHAP.  97,  SECTION  1.  Meetings  for  the  choice 
of  United  States  senators  shall  be  holden  in  the  several  towns, 
wards  and  places  in  this  state  on  the  Tuesday  following  the 
first  Monday  in  November  of  every  sixth  year,  dating  from 
the  year  nineteen  hundred  and  eight,  and  on  the  Tuesday 
after  the  first  Monday  in  November  of  every  sixth  year,  dating 
from  the  year  nineteen  hundred  and  twelve. 

SECT.  2.  All  the  provisions  of  existing  law,  relating  to  the 
nomination  of  candidates  for  governor  by  direct  primary  and  by 
nomination  papers,  and  the  filing  of  accounts  of  campaign 
expenditures,  are  hereby  extended  to,  and  shall  apply  to,  the 
nomination  of  candidates  for  United  States  senator. 

SECT.  3.  All  the  provisions  of  existing  law,  relating  to  the 
election  of  representatives  in  the  congress  of  the  United  States, 
are  hereby  extended  to  the  election  of  United  States  eenators, 
except  when  inconsistent  with  the  laws  of  the  United  States. 

SECT.  4.  The  names  of  candidates  for  United  States  senator 
of  the  several  political  parties  shall  immediately  follow  on  the 
ballot  the  names  of  candidates  of  the  several  parties  for  nomina- 
tion  and  election  at  governor  at  primaries  and  elections. 


so 


Election  of  Representatives  in 
Congress 

P.  S.,  CHAP.  36,  SECTION  1.  The  state  is  divided  into  two 
districts  for  the  purpose  of  choosing  representatives  in  the 
congress  of  the  United  States,  and  each  district  is  entitled  to 
elect  one  representative. 

SECT.  3.  Meetings  for  the  choice  of  representatives  in  con- 
gress shall  be  holden  in  each  district  on  the  Tuesday  next 
following  the  first  Monday  in  November,  biennially  dating  from 
the  .year  eighteen  hundred  and  seventy-eight. 

SECT.  4.  The  meetings  in  the  several  towns  in  each  district 
shall  be  warned  and  governed,  and  the  returns  of  votes  for 
representative  shall  be  made  out,  signed,  certified,  sealed, 
directed,  transmitted,  receipted  for,  examined,  and  counted,  at 
the  same  time  and  in  the  same  manner  as  provided  for  the 
return  of  votes  for  senators. 

SECT.  5.  Upon  such  examination  and  count,  the  person 
having  the  largest  number  of  votes  returned  in  any  district 
shall  be  declared  duly  elected;  and  the  governor  shall  forth- 
with transmit  to  the  person  so  elected  a  certificate  of  such 
election,  under  the  seal  of  the  state,  signed  by  himself  and 
countersigned  by  the  secretary. 

SECT.  6.  If  two  or  more  persons,  at  any  election  of  repre- 
sentatives to  congress,  shall,  in  any  district,  receive  the  largest 
and  an  equal  number  of  votes,  so  that  no  choice  is  made, 
the  governor,  with  advice  of  the  council,  shall  cause  precepts 
to  be  issued  to  the  selectmen  of  the  several  towns  within 
such  district  for  another  election,  requiring  them  to  warn 
meetings  to  be  holden  at  the  time  specified  in  such  precepts 
for  the  choice  of  a  representative. 

SECT.  7.  The  votes  given  at  any  such  meeting  shall  be 
received,  sorted,  counted,  declared,  recorded,  and  certified, 
and  the  returns  thereof  made  out,  signed,  certified,  sealed. 
and  directed,  in  the  manner  hereinbefore  prescribed ;  and  the 
clerk  shall  transmit  the  same  to  the  office  of  the  secretary 
of  state  within  five  days  after  such  meeting. 


SI 

SECT.  8.  The  lecretary,  at  soon  at  may  be,  shall  lay  all 
such  returns  before  the  governor  and  council,  and  the  votes 
shall  be  examined  and  counted,  and  the  election  of  the  person 
having  the  largest  number  of  votes  declared  and  certified,  and 
the  certificate  thereof  made  out  and  transmitted  in  the  manner 
hereinbefore  directed. 

SECT.  9.  If  upon  such  second  balloting  two  or  more  persons 
shall  have  the  largest  and  an  equal  number  of  votes  in  any 
district,  so  that  no  choice  is  made  therein,  the  governor,  with 
advice  of  the  council,  sLall  forthwith  cause  new  precepts  to 
be  issued  as  aforesaid,  directing  another  meeting  to  be  warned 
and  holden  to  fill  such  vacancy;  and  the  same  proceedings 
shall  be  again  had  as  are  hereinbefore  provided;  and  so  from 
time  to  time,  so  long  as  may  be  necessary,  until  some  one  shall 
have  the  largest  number  of  votes. 

SECT.  10.  If  any  vacancy  in  the  representation  in  congress 
shall  occur  by  death,  resignation,  or  otherwise,  the  governor, 
with  the  advice  of  the  council,  shall  forthwith  cause  precepts 
to  be  issued  to  the  selectmen  of  the  towns  within  the  district 
where  the  vacancy  exists,  for  an  election  to  fill  such  vacancy; 
and  similar  proceedings  in  all  respects  shall  be  had  therein 
as  are  provided  in  the  preceding  sections  of  this  chapter;  and 
the  balloting*  in  such  districts  shall  be  continued  until  some 
person  shall  have  the  largest  numbers  of  votes  given  in  and 
returned. 


Election  of  County  Officers 

P.  S'.,  CHAP.  25,  SECTION  1.  There  shall  be  chosen  at  each 
biennial  election,  by  ballot,  by  the  inhabitants  of  the  several 
towns  in  each  county  qualified  to  vote  for  senators,  a  sheriff, 
a  county  solicitor,  a  county  treasurer,  a  register  of  deeds,  a 
register  of  probate,  and  three  county  commissioners,  each  of 
whom  shall  take  his  office  on  the  first  day  of  the  April  next 
(Jan.  1,  in  some  cases)  succeeding  his  election  and  shall  hold 
the  same  for  two  years  and  until  his  successor  is  chosen  and 
qualified. 


52 

SECT.  2.  No  person  is  eligible  to  the  office  of  sheriff,  county 
solicitor,  county  treasurer,  register  of  deeds,  register  of  pro- 
bate, county  commissioner,  or  clerk  of  court,  unless  he  is  a 
resident  of  the  county  for  which  he  is  chosen.  No  person 
shall  hold  two  of  said  offices  at  the  same  time,  and  the 
acceptance  of  one  of  them  shall  be  a  resignation  of  the  others. 

SECT.  3.  The  town  and  ward  clerks  of  the  several  towns  and 
wards  of  this  state  shall  make  a  true  and  certified  copy  of 
the  record  of  the  votes  given  in  at  any  election  of  county 
officers,  and  shall  forward  the  same  in  sealed  packages  to  the 
clerk  of  the  supreme  court  of  the  county  within  five  days  from 
the  date  of  such  election. 

SECT.  5.  The  several  clerks  of  court  shall  have  the  returns 
present  at  the  law  term  of  the  supreme  court  holden  on  the 
first  Tuesday  of  December  next  following.  The  court  shall 
examine,  record,  and  count  the  same;  and  the  person  who  has 
received  the  highest  number  of  votes  for  each  office  shall  be 
declared  elected. 

SECT.  6.  If  the  candidates  for  either  of  such  offices  having 
the  highest  number  of  votes  shall  have  an  equal  number,  the 
court  shall  appoint  one  of  the  candidates  to  fill  the  office,  who 
shall  be  declared  duly  elected. 

The  supreme  court  at  any  trial  term,  or  any  justice  thereof 
in  vacation,  may,  on  the  application  or  petition  of  any  can- 
didate interested  in  a  contest  for  any  county  office,  find  the 
facts  relating  to  such  contested  election  as  well  before  the 
term  of  such  office  begins  as  after;  and  any  question  of  law 
arising  upon  the  facts  thus  found  may  be  heard  at  any  regular, 
adjourned,  or  special  law  term  of  the  court,  as  the  court 
shall  direct;  and  the  court  shall  issue  a  certificate  of  election 
to  the  candidate  who  is  found  by  the  court  on  such  proceed- 
ings to  be  elected,  and  the  person  receiving  such  certificate 
shall  assume  and  discharge  the  duties  of  the  office. 


53 

Election  of  Representatives  to  the 
General  Court 

P.  S.,  CHAP.  38,  SECTION  1.  Towns  entitled  to  elect  repre- 
sentatives to  the  general  court  may  elect  them  at  the  biennial 
election  holden  on  the  Tuesday  next  following  the  first  Mon- 
day of  November,  biennially,  dating  from  the  year  eighteen 
hundred  and  seventy-eight,  and  if  the  election  of  the  requisite 
number  shall  not  be  effected  on  that  day,  the  meeting  may  be 
adjourned  to,  and  the  election  of  the  number  deficient  be  made 
on,  the  following  day,  but  not  afterwards. 

SECT.  2.  Certificates  of  election  shall  be  made  in  duplicate, 
certified  and  signed  in  the  same  manner  as  the  returns  of 
votes  for  governor;  one  of  them  shall  be  delivered  to  the 
representative  elect,  and  the  other  shall  be  forwarded  to  the 
secretary  of  state  within  five  days  after  the  day  on  which  the 
election  is  held,  and  the  town  clerk  shall  also  certify  that  the 
check-list  was  duly  posted  and  used  during  the  balloting  on 
which  such  representative  was  chosen,  and  to  the  number  of 
voters  whose  names  were  upon  the  check-list  as  corrected  on 
the  day  of  such  meeting.  Any  town  clerk  who  fails  to  make 
a  return  of  the  number  of  voters  on  such  check-list  shall  be 
fined  not  exceeding  twenty-five  dollars. 

SECT.  6.  Whenever  a  vacancy  shall  exist  in  the  representa- 
tion of  any  town  in  the  general  court  by  reason  of  the  death, 
resignation,  or  removal  from  town  of  the  person  who  shall 
have  been  elected  as  such  representative,  the  selectmen  shall, 
without  unnecessary  delay,  call  a  meeting  of  all  persons  in  such 
town  qualified  to  vote  in  the  election  of  senators,  at  which 
a  representative  shall  be  elected  as  provided  in  article  fifteen 
of  the  constitution. 

SECT.  7.  In  case  any  town  or  any  ward  of  a  city  in  this  state 
shall  elect  and  send  to  the  general  court  a  representative  when 
not  authorized  by  law  to  do  so,  such  town,  or  the  city  in 
which  such  ward  is  situated,  shall  forfeit  and  pay  a  fine  of 
one  thousand  dollars,  to  be  recovered  by  indictment  for  the 
use  of  the  county  in  which  such  town  or  city  is  situated.  The 
amount  of  any  fine  and  costs  paid  by  any  city  under  the  pro- 


54 

visions  of  this  section  shall  be  assessed  upon  the  property  and 
inhabitants  of  the  ward  so  electing  and  sending  such  repre- 
sentative. 


Members  of  Legislature 

P.  S'.,  CHAP.  4,  SECTION  1.  No  person  shall  be  eligible  for 
election  to  any  office  of  the  legislature  who  has  not  been  an 
inhabitant  of  the  state  for  one  year,  at  least,  prior  to  such 
election. 

SECT.  2.  If  any  officer  of  the  legislature  removes  from  the 
state,  the  office  shall  thereupon  become  vacant. 

SECT.  16.  If  a  person  shall  attend  a  session  of  the  legis- 
lature and  vote  therein  as  a  representative  from  any  town  or 
city,  knowing  that,  by  reason  of  want  of  the  requisite  number 
of  inhabitants  in  said  town  or  in  the  ward  of  the  city  which 
he  represents,  he  is  not  lawfully  entitled  to  a  seat  in  the 
house  of  representatives,  or  that  he  was  not  legally  elected  a 
representative  of  such  town  or  ward,  he  shall  be  fined  not 
exceeding  $2,000,  or  be  imprisoned  not  exceeding  two  years. 


Purity  of  Elections 

NEGLECT  TO  RETURN  VOTES. 

P.  S.,  CHAP.  39,  SECTION  1.  If  any  town  clerk  shall  neglect 
to  make  any  return  of  votes  for  governor,  councilor,  senator, 
representative  in  congress,  electors  of  president  and  vice 
president,  register  of  deeds,  county  treasurer,  county  com- 
missioner, supervisors,  or  moderator,  or  other  state,  town,  or 
county  officer,  he  shall  be  fined  not  exceeding  five  hun'dred 
dollars. 

SECT.  2.  The  secretary  of  state  or  clerk  of  court,  as  the 
case  may  be,  shall,  within  thirty  days  after  any  default  in  the 
return  of  votes,  certify  the  same  to  the  solicitor  of  the  county, 
which  certificate  shall  be  prima  facie  evidence  of  such  default ; 
and  the  solicitor  shall  prosecute  every  person  guilty  of  such 
default. 


55 

SECT.  3.  If  the  clerk  of  any  town  shall  make  an  incorrect 
or  insufficient  record  or  return  of  the  votes  given  therein  at 
any  meeting  for  any  officer,  the  officers  by  whom  the  votes 
are  opened  and  counted  may  require  such  clerk,  at  his  own 
expense,  to  come  in  and  amend  his  record  or  return,  accord- 
ing to  the  facts  of  the  case. 

SECT.  4.  If  any  clerk  shall  neglect  or  refuse  to  appear  and 
amend,  he  shall  be  fined  not  exceeding  five  hundred  dollars. 

FALSE  RECORD  OF  VOTES. 

SECT.  5.  If  the  clerk  of  any  town  or  place  shall  willfully 
and  corruptly  make  a  false  record  of  any  vote  or  other  proceed- 
ing of  any  legal  town  meeting,  or  any  false  copy  of  any 
record,  or  any  false  certificate  or  return  of  votes,  he  shall 
be  imprisoned  not  exceeding  five  years. 

SECT.  6.  If  any  person  shall  be  guilty  of  an  offense  against 
any  provision  of  the  laws  relating  to  elections  for  which  no 
penalty  is  specified,  he  shall  be  fined  not  exceeding  thirty 
dollars. 

ASSAULT    UPON    OFFICERS. 

SECT.  7.  If  any  person  shall  willfully  assault  a  town,  city, 
or  ward  officer  in  the  discharge  of  any  duty  of  hi«  office  at  any 
election,  or  take  away,  injure,  or  destroy  the  ballot  box  or 
check-list  when  in  use  at  any  election,  he  shall  be  fined  not 
exceeding  three  hundred  dollars,  or  be  imprisoned  not  exceed- 
ing  three  years. 

ILLEGAL    VOTING. 

SECT.  8.  If  any  person,  at  a  meeting  for  the  choice  of 
officers,  shall  give  in  more  than  one  vote  for  any  officer  voted 
for  at  such  meeting;  or  if  any  person  under  the  age  of  twenty- 
one  years,  or  an  alien  not  naturalized,  or  any  person  .who  .is 
not  a  legal  voter,  shall  give  in  a  vote  for  any  officer  at  such 
meeting;  or  if  any  person,  being  under  examination  as  to  his 
qualifications  as  a  voter  before  the  board,  of  supervisors,  shall 
give  any  false  name  or  answer, — he  shall  be  fined  not  exceed- 
ing thirty  dollars  for  each  offense,  or  be  imprisoned  no.t  ex- 
ceeding three  months. 


56 

FRAUD    BY    OFFICERS. 

SECT.  9.  If  any  moderator,  supervisor,  or  selectman,  at  any 
meeting,  shall  fradulently  receive  and  count  any  illegal  vote, 
omit  to  receive  and  count  any  legal  vote,  or  shallf  fraudulently 
embezzle  any  vote  from  the  number  of  legal  votes  cast,  or 
add  any  vote  thereto,  or  shall  receive  or  count  any  vote  given 
at  such  meeting  by  proxy,  and  without  the  personal  delivery 
of  such  vote  by  the  person  entitled  to  give  the  same,  or  shall 
frauduently  declare  the  state  of  the  vote  in  the  election  of 
any  officer,  he  shall,  for  each  offense,  be  fined  not  exceeding 
five  hundred  dollars,  or  be  imprisoned  not  exceeding  one 
year,  or  both. 

IMPROPER    INFLUENCE. 

SECT.  10.  If  any  person  shall  directly  or  indirectly  give 
spirituous  liquor  to  a  voter,  at  any  time,  with  a  view  to  influ- 
ence any  election,  or  as  a  treat  for  his  vote,  or  for  the  honors 
bestowed  on  any  candidate  at  such  election,  he  shall  be  fined 
not  exceeding  twenty  dollars  for  each  offense. 

SECT.  11.  If  any  person  shall  directly  or  indirectly  hire, 
procure,  induce,  or  in  any  way  influence  or  attempt  to  hire, 
procure,  induce,  or  in  any  way  influence,  by  payments,  promises, 
offers  of  emolument,  offers  of  reward  of  any  kind,  loans  of 
money  or  other  thing,  threats  or  intimidations,  any  voter  to 
stay  away  from  any  town  meeting,  or  to  avoid  voting  at  any 
town  meeting,  or  to  vote  at  any  town  meeting  for  or  against 
any  particular  ticket  or  candidate  for  office,  or  to  ask,  in 
order  to  disqualify  himself  from  voting  at  any  election,  the 
abatement  of  his  taxes,  or  to  be  excused  from  paying  taxes, 
such  person  shall  be  fined  not  exceeding  five  hundred  dollars, 
or  be  imprisoned  not  exceeding  three  months. 

SECT.  12.  If  any  person  shall  directly  or  indirectly  con- 
tribute or  furnish,  or  promise  to  contribute  or  furnish,  any 
money,  goods,  chattels,  or  other  thing  whatsoever  to  be  used 
to  induce  any  voter  to  stay  away  from  any  town  meeting,  or 
to  avoid  voting  at  any  town  meeting,  or  to  vote  at  any  town 
meeting  for  or  against  any  particular  ticket  or  candidate  for 
office,  or  to  ask,  in  order  to  disqualify  himself  from  voting  at 
any  election,  the  abatement  of  his  taxes,  or  to  be  excused  from 


57 

paying  taxes,  such  person  shall  be  fined  not  exceeding  five 
hundred  dollars,  or  be  imprisoned  not  exceeding  three  months. 

SECT.  13.  One  half  of  the  fines  imposed  for  the  violation 
of  the  provisions  of  the  two  preceding  sections  shall  go  to  the 
prosecutor,  and  the  other  half  to  the  county. 

SECJ.  14.  Any  person  who  shall,  without  authority,  sign  the 
name  of  any  other  person  to  any  letter  or  other  document,  or 
falsely  represent  that  any  other  person  has  written  such  letter 
or  document,  knowing  such  representation  to  be  false,  for  the 
purpose  of  influencing  votes,  shall  be  fined  not  exceeding  one 
thousand  dollars,  or  be  imprisoned  not  exceeding  one  year. 

SECT.  15.  Any  person  publishing  any  such  forged  letter  or 
document,  knowing  the  same  to  be  forged,  with  like  intent, 
shall  be  fined  not  exceeding  one  thousand  dollars. 

CHALLENGE    OF    VOTER. 

SECT.  16.  Any  voter,  at  any  town  meeting,  may  challenge 
any  other  voter  offering  to  vote  at  such  meeting,  and  the 
moderator  shall  not  receive  the  vote  of  the  person  so  chal- 
lenged until  he  shall  subscribe,  make,  and  tender  to  the  town 
clerk  or  moderator  an  affidavit  in  form  and  substance  as  lol- 

lows:    I,    ,    solemnly    swear    that    I    have    not    directly    or 

indirectly,  hired,  procured,  induced,  or  in  any  way  influenced, 
or  attempted  to  hire,  procure,  induce,  or  in  any  way  influence 
by  payment,  promises,  offers  of  emolument,  offers  of  reward  of 
any  kind,  loans  of  money  or  other  thing,  threats,  or  intimida- 
tion, any  voter  to  stay  away  from  this  town  meeting,  or  to 
avoid  voting  at  this  townmeeting,  or  to  vote  at  this  town 
meeting  for  or  against  "any  particular  ticket  or  candidate  for 
office,  or  to  ask,  in  order  to  disqualify  himself  from  voting  at 
this  town  meeting,  abatement  of  his  taxes,  or  to  be  excused 
from  paying  his  taxes;  nor  have  I,  directly  or  indirectly,  con- 
tributed or  furnished,  or  promised  to  contribute  or  furnish  any 
money,  goods,  or  chattels,  or  any  thing  whatsoever,  to  be  used  to 
induce  any  voter  to  stay  away  from  this  town  meeting,  or  to  avoid 
voting  at  this  town  meeting,  or  to  vote  at  this  town  meeting 
for  or  against  any  particular  ticket  or  candidate  for  office,  or 
to  ask.  in  order  to  disqualify  himself  from  voting  at  th.is  town 


58 

meeting,  the  abatement  of  his  taxes,  or  to  be  excused  from 
paying  taxes;  nor  have  I,  either  directly  or  indirectly,  been 
hired  or  procured,  or  in  any  way  influenced,  by  payment, 
promises,  offers  of  emolument,  offers  of  reward  of  any  kind, 
loans  of  money  or  other  things,  threats,  or  intimidation,  to  vote 
at  this  town  meeting  for  or  against  any  particular  ticket  or 
candidate  for  office;  but  the  vote  I  now  offer  to  cast,  and  the 

'cs  I  propose  to  offer  to  cast,  at  this  town  meeting,  are  in  ac- 
cordance with  my  solemn  convictions  of  duty  to  my  country,  unin- 
fluenced by  any  payment,  promises,  offers  of  emolument,  offers 
of  reward  of  any  kind,  loans  of  money  or  other  thing,  threats, 
or  intimidation  whatsoever.  So  help  me  God. 

SECT.  17.  In  case  any  voter  so  challenged  shall  not  make 
subscribe  such  affidavit,  he  shall  be  denied  the  right  of 
voting  at  such  town  meeting,  and  any  moderator  who  shall 
receiv^  the  vote  of  a  voter  so  challenged  and  not  making  and 
subscribing  such  affidavit,  shall  be  fined  not  exceeding  one 
hundred  dollars. 

SECT.  18.  The  affidavit  may  be  sworn  to  before  any  person 
authorized  by  law  to  administer  oaths,  or  before  the  moderator, 
town  clerk,  or  any  one  of  the  selectmen  or  supervisors.  Any 
person  who  shall  swear  falsely  in  making  such  affidavit  shall 
be  deemed  guilty  of  perjury,  and  be  punished  accordingly. 

SECT.  19.  The  town  clerk  of  each  town  shall  have  with 
him,  at  every  town  meeting,  blanks  for  making  affidavits  as 
required  by  section  sixteen  of  this  chapter,  and  shall  furnish 
the  same  to  any  voter  on  request  therefor.  He  shall  record 
in  the  record  of  the  meeting  the  names  of  all  voters  making 
such  affidavits,  and  shall  keep  the  affidavits  on  file. 

ALLEGED    BRIBERY. 

SECT.  20.  On  the  day  of  any  town  or  ward  meeting,  or 
within  thirty  days  thereafter,  any  five  voters  may  make  written 
complaint  to  any  justice  of  the  peace,  or  police  judge,  etating 
only  that  in  their  belief  the  law  against  bribery  in  elections 
has  been  violated  in  connection  with  such  town  or  ward  meet- 
ing, and  asking  for  an  inquiry  concerning  such  violation,  and 
naming  the  witnesses  whom  they  desire  to  have  examined,  and 


59 

thereupon  such  justice  or  judge  shall  immediately  proceed  to 
make  such  inquiry;  and  for  that  purpose  he  may  issue  his 
subpoena,  or  compulsory  process,  if  necessary,  to  the  witnesses 
named,  and  to  any  others,  and  may  examine  them  in  the 
same  manner  as  he  might  upon  a  complaint  in  a  criminal 
proceeding  before  him;  and  the  powers,  duties,  and  liabilities 
of  the  justice,  judge,  and  witnesses  shall  be  the  same  as 
in  such  case. 

SECT.  21.  Such  justice  or  judge  may  allow  the  complain- 
ants, or  either  of  them,  or  any  person  who  may  seem  to  be 
accused,  to  appear  before  him,  personally  or  by  counsel,  and 
to  interrogate  the  witnesses;  and  he  shall  take  brief  notes  of 
the  testimony,  and  may  also,  if  he  shall  deem  it  necessary,  re- 
duce the  testimony  of  any  witness  to  writing,  and  cause  ...in 
to  sign  the  same,  and  shall  close  the  inquiry  within  thirty 
days  from  the  date  of  the  complaint,  and  make  a  -ecord 
of  the  proceedings,  and  shall  transmit  such  record,  and  the 
testimony  so  taken  by  him,  at  once  to  the  solicitor  of  the 
county. 

SECT.  22.  If  any  such  inquiry  shall  disclose  any  violation 
of  sections  eleven  and  twelve  of  this  chapter  it  shall  be  the 
duty  of  the  solicitor  to  cause  due  complaint  to  be  made,  and 
the  person  offending  to  be  apprehended  and  committed  to 
jail,  or  bound  over,  with  sufficient  sureties,  to  the  next  term 
of  the  supreme  court. 

SECT.  23.  It  shall  be  the  duty  of  the  selectmen  to  post  or 
cause  to  be  posted,  in  some  conspicuous  place  where  the  town 
meeting  is  held,  a  copy  of  sections  sixteen  to  twenty-three, 
inclusive,  of  this  chapter. 


ELECTION    DAY    A    HOLIDAY. 

SECT.  24.  The  Tuesday  next  following  the  first  Monday  of 
November  in  the  year  eighteen  hundred  and  ninety-two  and 
in  every  alternate  year  thereafter,  being  biennial  election  days, 
shall  be  holidays. 


T  60 

Bribery  at  Elections 

LAWS  1911,  CHAP.  99  (as  amended),  SECTION  1.  Any  persons 
guilty  of  offering,  giving,  or  accepting  a  bribe,  or  aiding  or 
abetting  bribery,  or  of  attempting  or  conspiring  to  bribe,  with 
intent  to  influence  the  vole  of  any  person  at  any  election, 
caucus,  convention,  or  primary  election  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
not  more  than  five  hundred  nor  less  than  one  hundred  dollars 
and  be  imprisoned  in  the  county  jail  not  less  than  thirty  nor 
more  than  ninety  days,  for  each  offense. 

SECT.  2.  Any  person  convicted  under  the  provisions  of  the 
foregoing  section  shall  thereafter  be  forever  disqualified  from 
holding  any  civil  office  in  this  state  and  from  exercising  the 
right  of  suffrage;  but  the  supreme  court  may,  on  notice  to 
the  attorney-general,  restore  the  privileges  of  an  elector  to 
any  person  who  may  have  forfeited  them  by  conviction  of  such 
offenses. 

SECT.  3.  No  witness  in  any  proceeding  under  this  act 
or  in  any  proceeding  for  violation  of  the  elec- 
tion laws  shall  be  excused  from  giving  his  testimony  upon 
the  ground  that  such  tesimony  would  incriminate  him,  but  no 
such  testimony  shall  be  used  against  such  witness  at  any  time 
or  in  any  prosecution.  And  any  person  who  voluntarily  dis- 
closes the  facts  to  the  proper  authorities,  and  procures  a 
conviction  in  any  such  proceeding,  shall  not  be  prosecuted  for 
his  connection  with  the  bribery  or  attempted  bribery. 


Publicity  of  Campaign  Receipts 
and  Expenditures 

LAWS  1911,  CHAP.  101,  SECTION  1. — The  term  political  com- 
mittee under  the  provision^  of  this  act  shall  apply  to  every 
committee  or  combination  of  three  or  more  persons  who  shall 
aid  or  promote  the  success  or  defeat  of  a  political  party  or 
principle  in  a  public  election  or  the  success  or  defeat  of  any 
measure  voted  on  at  a  public  election  or  shall  aid  or  take 
part  in  the  nomination,  election,  or  defeat  of  any  candidate 


61 

for  public  office.  Every  political  committee  shall  have  a 
treasurer  who  shall  be  a  citizen  of  this  state  and  whose  duty 
it  shall  be  to  receive  and  expend  all  its  money. 

SECT.  2.  The  state  committee  of  every  political  party  shall 
file,  on  the  third  day  preceding  the  election,  with  the  secretary 
of  state  and  also  publish*  in  two  daily  newspapers  in  this 
state,  an  itemized  statement,  signed  and  sworn  to  by  its  chair- 
man and  treasurer,  showing  in  detail  all  its  receipts  and  ex- 
penditures, with  the  names  of  the  various  persons  by  whom 
they  were  made  and  the  respective  amounts  thereof,  and  the 
names  of  various  persons,  corporations,  or  committees  to  whom 
they  were  made,  with  the  specific  nature  and  amount  of  each 
expenditure.  Within  fifteen  days  after  said  election  another 
itemized  statement,  signed  and  sworn  to  by  the  same  officers, 
shall  be  likewise  filed  and  published,  covering  in  like  manner 
all  receipts  and  expenditures  subsequent  to  »}*c  nrst  statement. 

SECT.  3.  Every  other  political  committee  shall,  within  fifteen 
days  after  the  election,  file  with  the  secretary  of  state  and 
with  the  town  or  city  clerk  for  the  town  or  city  where  the 
treasurer  resides,  an  itemized  statement  signed  and  sworn  to  by 
the  chairman  and  treasurer,  of  all  its  receipts  and  expenditures, 
if  the  total  amount  exceeds  one  hundred  dollars,  showing  the 
names  of  the  various  persons  by  whom  they  were  made  and  the 
respective  amounts  thereof  and  the  names  of  the  various  per- 
sons, corporations,  or  committees  to  whom  they  were  made, 
with  the  specific  nature  and  amount  of  each  expenditure. 
Where  the  amount  does  not  exceed  one  hundred  dollars,  a  state- 
ment to  that  effect,  signed  and  sworn  trt  by  the  chairman  and 
treasurer,  shall  be  filed  with  the  same  officials  and  within  the 
same  time  as  that  specified  for  the  itemized  statement  above 
described. 

SECT.  4.  Every  candidate  at  the  primary  or  general  election 
for  governor  or  representative  to  congress  shall,  on  the  third 
day  preceding  said  primary  or  election,  file  with  the  secretary 
of  state  and  also  publish  in  two  daily  newspapers  of  this 
state,  an  itemized  sworn  statement  of  all  his  receipts  and  ex- 


*(See    Laws   1915,    Chap.    169,    Sect.    11,    which    follows.) 


62 

penditures,  in  aid  of  his  nomination  or  election,  showing  in 
detail  the  names  of  the  various  persons  by  whom  they  were 
made  and  the  respective  amounts  thereof,  and  the  names  of 
the  various  persons,  corporations,  or  committees  to  whom  they 
were  made,  with  the  specific  nature  and  amount  of  each  expen- 
diture. Within  fifteen  days  after  said  primary  or  election 
a  similar  sworn  itemized  statement  shall  be  likewise  filed  and 
published,  showing  in  like  manner  all  receipts  and  expendi- 
tures subsequent  to  the  first  statement. 

SECT.  5.  Every  candidate  for  United  States  senator  shall, 
on  the  third  day  preceding  the  day  upon  which  such  senator 
is  to  be  chosen,  file  with  the  secretary  of  state  and  also 
publish  in  two  daily  newspapers  of  this  state  a  sworn  itemized 
statement  of  all  his  receipts  and  expenditures  in  aid  of  his 
election,  showing  in  detail  the  names  of  the  persons  by  whom 
they  were  made  and  the  respective  amounts  thereof,  and  the 
names  of  the  various  persons,  corporations,  or  committees  to 
whom  they  were  made,  with  the  specific  nature  and  amount  of 
each  expenditure.  Within  fifteen  days  after  said  election  a 
similar  sworn  itemized  statement  shall  be  likewise  filed  and 
published,  showing  in  like  manner  all  receipts  and  expenditures 
subsequent  to  the  first  statement. 

SECT.  6.  Every  candidate  at  the  primary  or  general  election 
for  councilor,  state  senator,  or  representative  to  the  general 
court,  who  has  expended  a  sum  in  excess  of  twenty-five  dol- 
lars, shall  within  fifteen  days  after  said  primary  or  general 
election  file  with  the  secretary  of  state  and  with  the  town  or 
city  clerk  for  the  town  or  city  in  which  he  resides  an  itemized 
sworn  statement  of  all  his  receipts  and  expenditures  in  aid  of 
his  nomination,  showing  in  detail  the  names  of  the  Various 
persons  by  whom  they  were  made  and  the  respective  amounts 
thereof,  and  the  names  of  the  various  persons,  corporations,  or 
committees  to  whom  they  were  made,  with  the  specific  nature 
and  amount  of  each  expenditure.  All  such  statements  shall 
be  «pen  to  public  inspection. 

SECT.  7.  Any  person  who  violates  the  foregoing  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  convic- 
tion shall  be  fined  not  more  than  five  hundred  nor  less  than 


63 

one  hundred  dollars  and  be  imprisoned  in  the  county  jail  not 
less  than  thirty  nor  more  than  ninety  days,  nor  shall  he  be 
entitled  to  the  nomination  or  election  until  said  sworn  itemized 
statement  is  filed  and  published  as  hereinbefore  required. 

SECT.  8.  No  person  not  a  candidate  for  nomination  at  the 
primary  or  election  shall  contribute,  expend  or  promise  to 
contribute  or  expend  any  money  or  thing  of  value,  in  aid  of 
the  nomination  or  defeat  of  any  candidate  at  the  primary  or 
election  or  in  aid  of  the  success  or  defeat  of  any  political 
party  or  principle,  or  in  aid  of  the  success  or  defeat  of  any 
measure  to  be  voted  on  at  any  election,  unless  contributed 
directly  to  some  candidate  at  the  primary  or  election,  or  some 
political  committee  of  this  state. 

SECT.  9.  Any  person  violating  the  provisions  of  section  8 
of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
shall  be  fined  not  more  than  five  hundred  nor  less  than  one 
hundred  dollars  and  be  imprisoned  in  the  county  jail  not  more 
than  ninety  iior  less  than  thirty  days. 


Corrupt  Practices  Law 

LAWS  OF  1915.  CHAP.  169  (as  amended), SECTION  1.  The 
following  words  and  phrases  of  this  act,  unless  the  same  be 
inconsistent  with  the  context,  shall  be  construed  as  follows: 

(a)  "Election"   shall    mean   any    primary   or   election   at    which 
federal,    state,    county,    or    municipal    officers    are    nominated    and 
elected. 

(b)  "Candidate"     shall     mean     any     candidate     for     governor, 
United     States     senator,     representative     to     congress,     councilor, 
state    senator,    representative    to    the    general    court,    -county,     or 
municipal   office. 

(c)  "Political    committee"    or    "committee"    shall    mean    any 
combination   of    two    or   more    persons    who    shall   aid    or   promote 
the    success     or     defeat     of    any     party,     principle,     measure,     or 
person    to    be    voted    for    at    any    election. 

(d)  "Political    party"     or    "party"    shall    mean    any    political 
organization    which    has    nominated    in    any    manner    provided    by 
law    candidates    for    federal    or    state    offices. 

(e)  "Person"    shall    include    a    corporation    or    committee, 


64 


EXPENDITURES  FOR  WHAT  PURPOSES? 

SECT.  2.  No  political  committee  or  candidate,  for  the  pur- 
pose of  aiding  or  promoting  the  success  or  defeat  of  any 
party,  principle,  measure,  or  person  to  be  voted  for  at  any 
election,  shall  give,  pay,  or  contribute,  or  promise  to  give, 
pay,  or  contribute,  any  money  or  thing  of  value  whatsoever 
to  any  person  whomsoever,  except  as  follows: 

(a)  For     the     transportation,     housing     and     sustenance,     and 
minor     expenses     strictly     incidental     to     traveling,     for     members 
of    such    committee    and    for    candidates,    and    for    speakers    pro- 
cured  by    or   in   behalf    of   the   committee   or   candidate    to   epeak 
at    any    rally    or    political    meeting. 

(b)  For    the    preparation,    printing,    and    distribution    by    mail 
of    letters,    circulars,    and    other    written    or    printed    matter,    and 
for    the    posting   or    distribution   through    any    advertising    or   bill- 
posting     agency     of     posters,     hand-bills,     and     other     advertising 
matter. 

(c)  For    the    rental    of    offices    occupied    by    such    committee 
©r    candidate,    and     telephone    or    telegraph     tolls,    and    for    the 
compensation     of     secretaries,     stenographers,     and     other     office 
employees. 

(d)  For   the   rental   of   halls  and   other   rooms   for   the  holding 
of    political    meetings    and    rallies,    at    which    political    addresses 
are    to    be    made    or    candidates    are    to    be    present. 

(e)  For    advertisements    permitted    by    the    provisions    of    this 
act. 

(f)  For   the  payment  of  speakers. 

(g)  For    the    salaries     of    political    agents    employed    by    the 
committee    or    canlidate    to    travel    from    town    to    town    arranging 
for    political     meetings     and     rallies    and     doing     lawful    acts     in 
advancing    the    objects    of    the    committee    or    candidate,    and    for 
the    canvassing    of    voters. 

(h)     For    contributions    to    local    committees, 
(i)     For    transporting    electors,    who    are    in    the    town    or    city 
wherein    they    are    entitled    to    vote,    to    and    from    the    polls. 


65 

MAXIMUM    EXPENDITURES. 

SECT.  3.  No  state  committee  of  a  political  party  shall  receive 
or  expend  in  any  one  year  for  political  purposes  allowed  by 
this  act  any  moneys  in  excess  of  twenty-five  thousand 
dollars;  and  not  more  than  one-half  of  said  sum  shall  be 
expended  for  the  purposes  enumerated  in  paragraphs  (g)  and 
(h)  of  the  foregoing  section. 

SECT.  4.  No  candidate  shall  in  any  one  election,  other  than 
the  primary,  expend,  in  addition  to  his  contribution  to  a 
state  committee,  a  sum  in  excess  of  the  following  amounts: 
Governor  or  United  States  senator,  one  thousand  dollars;  con- 
gressman, seven  hundred  and  fifty  dollars;  councilor,  two  hun- 
dred and  fifty  dollars;  state  senator  or  county  officer,  one 
hundred  and  fifty  dollars;  representative  to  the  general  court, 
fifty  dollars. 

SECT.  5.  For  primary  expenditures,  all  candidates  for  nomin- 
ation shall  be  limited  to  the  following  sums:  Candidates  for 
governor  or  United  States  senator,  one  thousand  dollars;  can- 
didates for  congressman,  five  hundred  dollars;  candidates  for 
councilor,  two  hundred  and  fifty  dollars;  candidates  for  state 
senator  or  county  officer,  one  hundred  dollars;  candidates  for 
representative  to  the  general  court,  twenty-five  dollars. 

NEWSPAPER    ADVERTISING. 

SECT.  6.  No  person  shall  publish  or  cause  to  be  published  in 
a  newspaper  or  other  periodical,  either  in  its  advertising  or  read- 
ing columns,  any  paid  matter  which  is  designed  or  tends  to  aid, 
injure,  or  defeat  any  candidate  for  public  office,  or  a  consti- 
tutional amendment,  or  any  other  question  submitted  to  the 
voters,  unless  the  name  of  the'  chairman  or  secretary,  er  the 
names  of  two  officers  of  the  political  or  other  organization 
inserting  the  same,  or  the  name  of  some  voter  who  is  respon- 
sible therefor,  with  his  residence  and  the  street  and  number 
thereof,  if  any,  appear  in  the  nature  of  a  signature.  Such 
matter  inserted  in  reading  column  shall  be  marked  at  the 
beginning  thereof  in  black  faced  Roman  capitals:  "Adver- 
tisement. Paid  for  by  (naming  the  person  or  committee 
paying  for  the  same).  Price  (truly  stating  the  cost  af  said 


66 

advertisement)    $...,.......,...,.,„„. „..,„...**     Any    person    who 

violates,  or  in  any  way  knowingly  aids  or  abets  the  violation 
of,  any  provisions  of  this  section,  shall  be  punished  by  a  fine 
of  not  more  than  one  hundred  dollars,  or  by  imprisonment 
for  not  more  than  sixty  days. 

USE  OF  OTHER  PRINTED  MATTER. 

SECT.  7.  (a)  No  person  or  committee  shall  mail,  give  away, 
or  distribute  any  letter,  circular,  or  other  written  or  printed 
matter  not  contained  in  a  newspaper  or  other  publication 
printed  and  published  within  this  state,  which  is  designed  or 
tends  to  aid,  injure,  or  defeat  any  party,  principle,  measure 
or  person  to  be  voted  for  at  any  election,  or  wherein  the 
merits  of  any  such  party,  principle,  measure,  or  person  shall 
be  discussed,  unless  the  same  shall  be  signed  by  such  person 
or  committee,  or  shall  bear  printed  or  stamped  thereon  a  true 
statement  showing  at  the  expense  of  what  person  or  persons  or 
committee  the  same  is  mailed,  given  away  or  distributed. 

(b)  Any  person  who  shall  violate  any  provision  of  this  sec- 
tion shall  be  punished  by  a  fine  or  not  more  than  fifty  dollars. 

MISUSE    OF    BALLOTS. 

SECT.  8.  No  person  at  any  election  shall  apply  for  a  ballot 
in  the  name  of  another  person,  whether  such  other  person  be 
living  or  dead,  nor  in  the  name  of  a  fictitious  person,  nor  shall 
a  person  having  voted  once  at  any  election  apply  at  the  same 
election  for  a  ballot  in  his  own  name. 

SOLICITATION  OF  CANDIDATES. 

SECT.  9.  No  person  shall  solicit  or  invite  any  contribution, 
subscription,  or  payment  from  any  person  who  is  a  candidate 
for  election  to,  or,  prior  to  the  expiration  of  his  term  of  office, 
from  any  person  who  has  been  elected  to,  the  office  of  gov- 
ernor, United  States  senator,  representative  to  congress,;  coun- 
cilor, state  senator,  or  representative  to  the  legislature,  or  from 
any  political  committee,  for  himself,  or  for  any  fraternal  or- 
ganization, labor  organization,  lodge,  secret  society,  club,  or 
similar  organization,  nor  shall  any  person  solicit  or  invite  any 
such  candidate  or  elected  person  or  political  committee  to  buy 


67 

ticket!  to  any  entertainment  or  ball,  or  for  the  aid  ef  any 
such  organization,  or  to  pay  for  space  or  advertising  in  any 
book,  program,  or  publication,  and  no  candidate  or  committee 
shall  make  any  such  contribution,  subscription,  payment,  or 
purchase.  Any  candidate  or  committee  or  any  person  violating 
any  provision  of  this  section  shall  be  fined  not  exceeding  one 
hundred  dollars. 

ADVERTISING   RATES. 

SECT.  10.  No  candidate  or  committee  shall  pay  to  any  daily 
newspaper  or  class  publication  any  rate  for  political  advertise- 
ment in  excess  of  what  is  regularly  charged  by  such  news- 
paper or  publication  for  commercial  advertising  occupying  the 
same  space  and  position  and  running  the  same  length  of  time. 

PUBLICITY  OF  EXPENDITURES. 

SECT.  11.  Instead  of  the  publication  of  campaign  expendi- 
tures provided  by  chapter  101,  Laws  of  1911,  in  the  case  of 
candidates  for  governor,  United  States  senator,  representatives 
to  congress,  and  by  state  committees,  a  candidate  may  deliver 
to  the  secretary  of  state  a  copy  of  the  statement  of  expendi- 
tures provided  for  by  said  chapter  for  each  candidate  opposing 
the  candidate  so  filing,  and  a  state  committee  may  deliver  to 
the  secretary  of  state  a  copy  of  such  statement  for  the  state 
committee  of  each  other  political  party,  which  copies  shall  be 
delivered  by  the  secretary  of  state,  upon  request,  to  the 
candidates  and  committees  for  whom  they  are  made. 

COMPLAINTS    AND    PROSECUTIONS. 

SECT.  12.  (a)  Any  person  voted  for  at  an  election  for  any 
office,  or  any  reputable  "voter,  may  make  complaint  in  writing 
to  the  attorney-general  of  any  violation  of  any  of  the  provisions 
of  this  act.  All  complaints  so  made  shall  be  treated  as  con- 
fidential communications.  Upon  the  receipt  of  any  such  com- 
plaint, if  it  shall  appear  that  the  act  complained  of,  if  com- 
mitted, was  of  a  serious  and  deliberate  nature,  it  shall  be  the 
duty  of  the  attorney-general,  through  a  county  solicitor  or  eome 
other  representative,  to  investigate  the  complaint,  and  if 
sufficient  cause  for  a  prosecution  is  found,  to  commence  forth- 


68 

with  a  prosecution  and  prosecute  the  same  to  final  judgment. 
If,  in  the  opinion  of  any  person  making  complaint  as  aforesaid, 
the  family,  business,  or  political  connection  of  the  county 
solicitor  of  the  county  in  which  the  offense  complained  of  was 
committed  are  such  as  to  make  it  unlikely  that  he  will  act 
diligently  and  earnestly  in  any  prosecution  therefor,  the  person 
complaining  may  state  such  facts  to  the  attorney-general,  and 
his  communication  shall  be  held  confidential. 

(b)  If  the  attorney-general  believes  that  the  county  solicitor 
in  any  county  will  be  hampered  by  any  existing  facts  or  cir- 
cumstances, and  in  any  wise  prevented  from  vigorously  prose- 
cuting any  respondent  complained  against  for  violation  of  any 
provision  of  this  law,  •  or  that  the  service  of  more  than  one 
attorney  in  any  prosecution  would  be  in  the  interest  of  the 
state,  he  shall  have  authority  to  employ  and  assign  to  conduct, 
or  assist  in  conducting,  such  prosecution  a  county  solicitor  from 
some  other  county,  or  to  employ  and  assign  some  attorney  not 
a  county  solicitor.  Such  county  solicitor  or  other  attorney  shall 
be  allowed  reasonable  compensation,  to  be  approved  by  the 
governor  and  council  and  paid  from  the  treasury  of  the  state 
out  of  any  money  not  otherwise  appropriated. 

COMMITTEE    TREASURERS. 

SECT.  13.  Each  committee  shall  have  a  treasurer  who  thall 
be  a  citizen  of  this  state,  who  shall  receive  and  pay  out  all 
money  handled  by  the  committee.  For  any  failure  to  make 
any  statement  of  receipts  and  expenditures  of  the  committee  as 
required  by  law,  the  treasurer  shall  be  guilty.  If  there  is  no 
treasurer,  or  if  he  fails  to  make  report,  it  shall  be  the  duty 
of  each  member  of  said  committee  who  receives  or  pays  out 
any  money  on  behalf  of  said  committee  to  make  said  report  or 
cause  the  same  to  be  made,  and  for  failure  on  his  part  to  file 
such  report  he  shall  be  guilty.  For  any  unlawful  expenditure 
or  act  of  a  committee,  any  member  of  said  committee  who 
made  or  permitted  the  same,  in  whole  or  in  part,  or  who 
consented  thereto,  or  who  aided,  abbetted,  or  conspired  to  make 
or  perform  the  same,  shall  be  guilty  thereof. 


69 

DISTRIBUTION  OF  THIS  ACT. 

SECT.  14.  The  secretary  of  state  shall  give  or  send  by  mail 
a  copy  of  this  act  to  each  person  who  shall  file  a  declaration 
of  candidacy  before  any  primary,  or  on  behalf  of  whom  pri- 
mary petitions  or  a  primary  certificate  shall  be  filed;  but  any 
failure  so  to  do  shall  be  deemed  neglect  of  duty,  and  not  an 
offense  rendering  said  official  liable  to  the  penal  provisions  of 
this  act. 

EXAMINATION   OF   RETURNS. 

SECT.  15.  It  shall  be  the  duty  of  the  attorney-general  to 
examine  the  returns  of  election  expenses  which  are  made 
to  the  secretary  of  state  by  candidates  and  committees,  and 
to  compel  such  returns  to  be  made  in  form  and  substance  to 
comply  with  the  law. 

SECT.  16.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  corrupt  practice,  and, 
except  as  some  other  penalty  is  elsewhere  herein  provided, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  imprisoned  not  less  than  six 
months  or  not  more  than  one  year,  or  both. 

SECT.  17.  Any  expenses  incurred  by  the  secretary  of  state 
or  the  attorney  general  in  carrying  out  the  provisions  of  this 
act  shall  be  paid  from  the  treasury  of  the  state. 


Political  Advertising 

LAW.  1911,  CHAP.  106,  SECTION  1.  No  person  shall  publish 
or  cause  to  be  published  in  a  newspaper  or  other  periodical, 
either  in  its  advertising  or  reading  columns,  any  paid  matter 
which  is  designed  or  tends  to  aid,  injure  or  defeat  any  can- 
didate for  public  office,  or  a  constitutional  amendment  or  any 
other  question  submitted  to  the  voters,  unless  the  name  of  the 
chirman  or  secretary,  or  the  names  of  two  officers  of  the  poli- 
litical  or  other  organization  inserting  the  same,  or  the  name 
of  some  voter  who  is  responsible  therefor,  with  his  residence 
and  the  street  and  number  thereof,  if  any,  appear  in  the 
nature  of  a  signature.  Such  matter  inserted  in  reading  columni 


70 

•hall  be  preceded  or  followed  by  the  word  Advertisement  in 
a  separate  line,  in  type  eet  smaller  than  that  of  the  body 
type  of  the  newspaper  or  other  periodical. 

SECT.  2.  Any  person  who  violates,  or  in  any  way  knowingly 
aids  or  abets  the  violation  of  any  provisions  of  this  act,  shall 
be  punished  by  a  fine  of  not  more  than  one  hundred  dollars, 
or  by  imprisonment  for  not  more  than  sixty  days. 


Campaign  Contributions  by 
Corporations 

LAWS  1911,  CHAP.  109,  SECTION  1.  No  corporation,  incor- 
porated under  the  laws  of  or  doing  business  in  this  state  and  no 
officer,  director,  agent  or  employee  of  and  acting  in  behalf 
of  such  corporation  shall  pay  or  contribute  or  authorize  or 
direct  to  be  paid  or  contributed  any  sum  of  money  or  any 
check,  draft,  note  or  other  article  of  value,  to  any  political 
party,  committee  or  to  any  individual  or  corporation  for  the 
purpose  or  with  the  intention  of  having  such  money  or  any 
part  thereof  or  such  check,  draft,  note  or  other  article  of  value 
or  any  part  thereof  expended  or  used  for  the  purpose  of  aid- 
ing or  promoting,  or  of  preventing  or  opposing  the  nomination 
or  election  of  any  person  to  public  office  established  by  or 
under  the  authority  of  the  constitution  or  laws  of  this  etate  or 
of  the  United  States,  or  expended  or  used  for  the  purpose  of 
promoting  or  antagonizing  the  interests  of  any  political  party. 

SECT.  2.  No  person  shall  solicit  or  receive  the  payment  of 
any  sum  of  money  or  the  delivery  of  any  check,  draft,  note  or 
other  article  of  value  for  the  purposes  specified  in  the  preced- 
ing paragraph,  from  any  corporation  incorporated  under  the 
laws  of  or  doing  business  in  this  state  or  from  any  officer, 
director,  agent,  or  employee  of  such  corporation  and  on  its 
behalf. 

SECT.  3.  Any  corporation  violating  any  of  the  provisions  of 
this  act  shall  be  punished  by  a  fine  of  not  exceeding  three 
thousand  dollars  for  each  offense;  and  any  individual  violating 
any  of  the  provisions  of  this  act  shall  be  punished  by  a  fine 
of  not  exceeding  one  thousand  dollars  or  by  imprisonment  not 
exceeding  six  months. 


71 
Warning  Town  Meetings 

P.  S.,  CHAP.  41,  SECTION  1.  A  meeting  of  every  town  shall 
be  holden  annually  on  the  second  Tuesday  of  March  lor  the 
choice  of  town  officers  and  the  transaction  of  all  other  town 
business.  A  town  meeting  may  be  warned  by  the  selectmen, 
when,  in  their  opinion,  there  shall  be  occasion  therefor. 

SECT.  2.  The  warrant  for  any .  town  meeting  shall  be  under 
the  hands  of  the  selectmen,  and  shall  prescribe  the  place,  day 
and  hour  of  the  meeting.  The  subject-matter  of  all  business 
to  be  there  acted  upon  shall  be  distinctly  stated  in  the  war- 
rant, and  nothing  done  at  any  meeting,  except  the  election  of 
any  town  officer  required  by  law  to  be  made  at  such  meeting, 
shall  be  valid  unless  the  subject  thereof  is  so  stated. 

SECT.  3.  The  selectmen,  upon  the  written  application  of  ten 
or  more  voters,  or  one  sixth  of  the  voters  in  town,  shall  insert 
in  their  warrant  for  the  biennial,  annual,  or  any  other  meet- 
ing, any  subject  specified  in  such  application,  or  shall  warn 
a  meeting  therefor,  if  requested  in  such  application  . 

POSTING   WARRANTS. 

SECT.  4.  The  selectmen  may  address  their  warrant  to  the 
inhabitants  of  the  town  qualified  to  vote  in  town  affairs,  in 
which  case  they  shall  post  an  attested  copy  of  such  warrant  at 
the  place  of  meeting,  and  a  like  copy  at  one  other 
public  place  in  the  town,  fourteen  days  before  the  day  of 
meeting. 

SECT.  5.  Warrants  for  town  meetings  may  be  directed  to  a 
constable  of  the  town,  requiring  him  to  notify  the  inhabitants; 
and  such  constable  shall  post  an  attested  copy  of  such  warrant, 
as  provided  in  the  preceding  section. 

SECT.  6.  Any  town  may,  by  vote,  prescribe  a  different 
method  of  warning  meetings;  and  the  meetings  warned  in 
pursuance  of  such  vote  shall  be  legal  and  valid. 

SECT.  7.  The  selectmen  or  the  constable  serving  any  warrant 
shall  return  the  same,  at  the  time  and  place  of  meeting,  with 
a  certificate  of  the  service  thereof,  to  the  town  clerk;  or,  in 
his  absence,  to  one  of  the  supervisors. 


72 

SECT.  8.  In  case  of  the  death  or  removal  of  any  of  the 
selectmen  of  a  town,  the  major  part  of  those  who  remain  in 
office  shall  have  power  to  warn  meetings. 

SECT.  9.  If  the  selectmen  unreasonably  neglect  or  refuse  to 
warn  a  meeting,  or  to  insert  any  article  in  their  warrant,  a 
justice  of  the  peace,  upon  application  in  writing  of  ten  or 
more  voters,  or  of  one-sixth  part  of  the  voters  of  such  town, 
may  issue  a  warrant  for  such  meeting. 

SECT.  10.  If  the  biennial  or  annual  meeting  in  any  town 
shall  not  have  been  held,  or  if  there  has  never  b'een  any  legal 
meeting  of  the  town,  or  if,  by  reason  of  death,  removal  from 
the  town,  disability,  or  resignation  of  the  board  of  selectmen, 
no  member  of  the  board  remains  in  office,  a  justice  of  the 
peace,  on  application  of  ten  voters,  or  of  one-sixth  part  of 
the  voters  of  the  town,  may  issue  a  warrant  for  such  meeting. 

SECT.  11.  The  warrant  of  a  justice  of  the  peace  for  a  town 
meeting  shall  be  under  his  hand,  directed  to  a  constable  of  the 
town,  if  any  there  be,  otherwise  to  one  of  the  voters  applying; 
•hall  specify  the  time,  place,  and  object  of  such  meeting,  and 
shall  be  served  and  returned  in  the  same  manner  as  warrants 
issued  by  selectmen. 

SECT.  12.  If  selectmen  neglect  to  issue  a  warrant  for  the 
holding  of  any  meeting  for  the  choice  of  state,  county,  or  town 
officers,  electors  of  president  and  vice-president  of  the  United 
States,  and  representatives  in  congress,  or  neglect  to  cause 
copies  of  such  warrant,  if  not  directed  to  a  constable,  to  be 
duly  posted,  or  notice  of  such  meeting  to  be  given,  agreeably 
to  any  vote  of  the  town,  they  shall  for  each  offense  be  fined 
fifty  dollars,  for  ,  the  use  of  the  town. 


Government  of  Town  Meetings 

P.  S.,  CHAP.  42  (as  amended),  SECTION  1.  At  the  biennial 
election  to  be  holden  in  November,  eighteen  hundred  and 
ninety-two,  and  at  every  biennial  election  thereafter,  a  'moder- 
ator shall  be  chosen  by  ballot,  by  a  plurality  of  votes,  who 
shall  hold  office  from  the  close  of  the  meeting  at  which  he  is 
chosen  until  the  close  of  the  meeting  at  the  next  succeeding 
biennial  election. 


73 

SECT.  2.  In  case  of  vacarufy  in  the  office,  a  moderator  shall 
be  appointed  by  the  board  of  supervisors  of  check-lis*s  of  said 
town  or  ward  where  such  board  exists  or  by  the  selectmen  of 
said  town  or  ward  where  there  is  no  board  of  supervisors  of 
check-lists. 

SECT.  3.  If  the  moderator  is  absent  from  any  meeting  or  be 
unable  to  perform  his  duties  a  moderator  pro  tempore  chall 
be  appointed  as  provided  in  section  2. 

SECT.  4.  Whenever  there  is  a  vacancy  in  the  office,  or  the 
moderator  is  absent  from  a  meeting,  or  is  unable  to  perform 
his  duties,  the  chaiwnan  of  the  board  of  supervisors,  or,  in 
his  absence,  one  of  the  other  members  of  the  board,  in  the  order 
of  their  election,  or,  if  no  supervisor  is  present,  the  town 
clerk  shall  preside  until  a  moderator  is  chosen  and  shall  have 
the  powers  and  perform  the  duties  of  moderator. 

SECT.  5.  The  moderator  shall  preside  in  the  town  meetings, 
regulate  the  business  thereof,  decide  questions  of  order,  and 
make  a  public  declaration  of  every  vote  passed,  and  may 
prescribe  rules  of  proceeding,  but  such  rules  may  be  altered 
by  the  town. 

bEcr.  6.  When  any  vote,  other  than  by  ballot,  declared  by 
the  moderator  or  other  officer  presiding,  shall  immediately,  and 
before  any  other  business  is  begun,  be  questioned  by  seven 
or  more  of  the  voters  present,  the  moderator  or  other  officer 
presiding  shall  make  the  vote  certain  by  a  poll  of  the  voters. 

SECT.  7.  If  any  moderator  or  other  officer  presiding  shall 
willfully  neglect  or  refuse  to  make  any  vote  certain  by  a  poll 
of  the  voters,  when  required  as  aforesaid,  or  shall  willfully 
violate  or  neglect  to  enforce  any  rule  of  proceeding  which 
shall  have  been  established  by  vote  of  the  town  or  otherwise, 
he  shall  for  each  offense,  be  fined  not  exceeding  five  hundred 
dollars,  or  be  imprisoned  not  exceeding  six  months. 


TownfOfficers 

P.  S.,  CHAP.  43,  SECTION  1.  (as  amended  by  Laws,  1921, 
chap.  18).  Every  town,  at  the  annual  meeting,  shall  choose, 
by  ballot  and  by  major  vote,  a  town  clerk,  who  shall  record 


74 

all  votes  passed  by  the  town  while  he  remains  in  office,  and 
discharge  all  the  duties  of  the  office  according  to  law.  Every 
person  elected  or  appointed  to  the  office  of  town  clerk  or 
deputy  town  clerk  shall,  within  six  days  after  his  election  or 
appointment,  and  before  entering  upon  the  duties  of  his 
office,  give  bond,  with  sufficient  sureties  to  the  acceptance  of 
the  town  or  the  selectmen,  for  the  faithful  performance  of  his 
official  duties,  in  form  like  that  of  county  officers,  and  in 
default  thereof  the  office  ahail  be  vacant  so  that  said  section 
as  amended  shall  read:  SECTION  1.  Every  town,  at  the  annual 
meeting,  shall  choose,  by  ballot  and  by  major  vote,  a  town 
clerk,  who  shall  record  all  votes  passed  by  the  town  while  he 
remains  in  office,  and  discharge  all  the  duties  of  the  office 
according  to  law.  Every  person  elected  or  appointed  to  the 
office  of  town  clerk  or  deputy  town  clerk  shall 
within  six  days  after  his  election  or  appointment, 
and  before  entering  upon  the  duties  of  his  office,  give 
bond,  with  sufficient  sureties  to  the  acceptance  of 
the  town  or  the  selectmen,  for  the  faithful  performance  of  hia 
official  duties,  in  form  like  that  of  county  officers,  and  in 
default  thereof  the  office  shall  be  vacant. 

Nothing  in  this  act  shall  be  construed  as  repealing  chapter 
129  of  the  Laws  of  1919,  which  provides  that  town  officers 
shall  be  elected  by  plurality  vote  in  towns  which  have  adopted 
the  Australian  ballot  system. 

LAWS  1921,  CHAP.  17.  SECTION  1.  Every  town,  at  the  annual 
meeting  in  1921,  shall  choose,  by  ballot  and  by  major  vote, 
three  selectmen,  one  to  hold  office  for  three  years,  one  for  two 
years  and  one  for  one  year,  and  thereafter  at  every  annual 
meeting  one  selectman  shall  be  so  chosen  to  hold  office  for 
three  years.  The  selectmen  shall  manage  the  prudential 
affairs  of  the  town  and  perform  the  duties  by  law  prescribed. 
A  majority  of  the  selectmen  shall  be  competent  to  act  in  all 
cases.  Provided,  however,  that  such  elections  shall  be  by 
plurality  vote  in  towns  which  under  existing  statutes  elect  such 
officers  in  that  manner. 

SECT.  2.  Vacancies  in  the  board  shall  be  filled  by  the  re- 
maining selectmen.  Such  selectmen  thus  chosen  shall  hold 
office  until  the  next  arnual  meeting  of  the  town. 


75 

P.  S.,  CHAP.  43,  SECT.  6.  Any  town  may  choose  assessor*, 
by  ballot  and  by  major  vote,  who  shall  constitute,  with  the 
selectmen,  a  joint  board  for  the  assessment  of  taxes;  and  all 
questions  arising  at  such  board  shall  be  decided  by  major  vote 
of  the  members  thereof. 

SECT.  17.  Every  town,  at  the  annual  meeting,  shall  choose  a 
treasurer  by  ballot  and  by  major  vote. 

LAWS  1919,  CHAP.  129,  SECTION  1.  In  towns  which  have 
adopted  the  Australian  ballot  system  for  the  election  of  town 
officers,  a  plurality  vote  shall  elect.  This  act  shall  be  opera- 
tive only  in  such  towns  as  vote  to  adopt  its  provisions  after 
due  notice  of  such  contemplated  action  having  been  given  in 
the  town  warrant. 


City  and  Ward  Officers 

P.  S..  CHAP.  46.  SECT.  4.  Each  ward  into  which  a  city  may 
be  divided  by  law,  or  in  pursuance  of  law,  shall  be  a  town 
for  the  purpose  of  the  election  of  governor,  councilor,  senator, 
representative  to  the  general  court,  all  county  officers,  repre- 
sentative in  congress,  and  electors  of  president  and  vice-presi- 
dent of  the  United  States,  and  in  all  matters  relating  to 
jurors. 

SECT.  5.  The  qualifications  of  voters  in  such  wards  shall 
be  the  same  as  in  towns,  and  check-lists  of  voters  shall  be 
prepared  and  used  in  all  elections  there,  as  in  towns. 

SECT.  9.  In  all  elections  of  city  and  ward  officers,  the 
person  having  the  highest  number  of  votes  for  any  office 
shall  be  elected;  and  if  a  number  of  persons  greater  than  the 
number  to  be  chosen  shall  severally  receive  the  largest  and  an 
equal  number  of  votes,  so  that  no  choice  is  made,  the  balloting 
shall  be  continued  till  the  requisite  number  of  persons  shall  be- 
chosen;  but  no  balloting  shall  be  begun  between  sunset  and 
sunrise. 

SECT.  10.  The  wavd  clerk  shall  record  the  votes  and  pro- 
ceedings of  all  ward  meetings,  shall  enter  upon  the  record  the 
names  of  all  persons  voted  for,  and  the  number  of  votes 


76 

given  for  each,  in  words,  at  length ;  and  shall,  within  seven 
days  after  any  meeting  of  the  ward,  deliver  to  the  clerk  of  the 
city  in  which  the  ward  is  situated  a  certified  copy  of  the 
record  of  the  meeting,  which  copy  shall  be  preserved  as  a 
part  of  the  records  of  the  city.  He  shall  receive  for  euch 
copy  the  sum  of  one  dollar. 


Election  of  Mayor 

P.  S.,  CHAP.  47,  SECTION  1.  The  qualified  voters  in  each 
ward,  at  the  meeting  for  the  choice  of  city  and  ward  officers, 
shall  give  in  to  the  moderator  their  votes  for  a  mayor  of  the 
city,  which  shall  be  received,  sorted,  counted,  and  declared, 
and  a  record  thereof  made  in  the  same  manner  as  votes  for 
senators;  and  a  copy  of  the  record,  certified  by  the  moderator, 
a  majority  of  the  selectmen,  and  the  ward  clerk,  shall  be 
delivered  by  the  ward  clerk  to  the  city  clerk  withjn  twentv- 
four  hours  after  the  meeting. 


Election  of  Aldermen 

P.  S.,  CHAP.  48,  SECTION  1.  There  shall  be  chosen  in  each 
ward,  at  the  regular  meeting  thereof,  by  ballot  and  by  plurality 
of  votes,  so  many  aldermen  and  common  councilmen  as  shall 
be  authorized  by  law  or  ordinance.  If  the  choice  of  alder- 
men, common  councilmen,  and  ward  officers  cannot  be  con- 
veniently completed  on  that  day,  the  meeting  may  be  adjourned 
from  day  to  day  to  complete  the  choice. 

SECT.  2.  The  clerk  shall,  within  twenty-four  hours  after 
such  choice,  deliver  to  each  person  chosen  alderman  or  com- 
mon councilman  a  certified  copy  of  the  record  of  his  election, 
signed  by  himself,  the  moderator,  and  a  majority  of  the 
•electmen. 


STATE  OF  NEW  HAMPSHIRE 


Joint   Resolution   relating   to   the   calling  of   the  con- 
stitutional convention. 

Resolved  by  the  Senate  and  House  of  Representatives 
in  General  Court  convened: 

That  the  officers  of  the  towns  and  cities  of  this 
state  who  are  by  law  required  to  warn  meetings  for 
the  election  of  state  senators  shall  expressly  insert  in 
the  warrants  calling  a  meeting  for  the  next  election 
of  senators  an  article  which  shall  provide  for  taking 
the  sense  of  the  qualified  voters  of  the  state  on  the 
subject  of  a  revision  of  the  constitution  during  the 
year  1924;  and  the  secretary  of  state  ghajl  so  prepare 
the  ballots  which  shall  be  used  at  said  election  that  an 
opportunity  shall  be  given  for  an  expression  of  the 
sense  of  the  voters  upon  the  question- 
Approved  May  4,  1923. 


INDEX 


Aldermen,    election     of    76 

Advertising,     political     67 

Ballot  inspection      43-44 

inspectors 32 

law     commission      27 

at     biennial     elections     28-32,  41-44 

at     primary     16-17 

counting     of      36-37 

defective      36 

preservation     of     42  43 

Booths,     voting 33 

Bribery     at     elections     60 

Canvass    of    votes    20 

Caucuses 24-25 

Certificates    of    nomination    25 

Challenging    of    voter     57-58 

Check-list      5-11 

City     nominations     ••..  27 

officers     75  76 

Clerks,    city    and    town    13,  16,  22,  55 

Congressman,  declaration    of    candidacy    13-14 

election     of     50  51 

primary     petitions     for     15-16 

Corporations,    contributions    by    70 

Corrupt     practices    at     elections     63-69 

Councilors,  declaration    of    candidacy    13-14 

election      of      48-49 

primary     petitions     for     15-16 

County  officers,  declaration    of    candidacy    13-14 

election      of      51-52 

primary     petitions     for     15-16 

Declarations    of     candidacy     13-14 

Direct     primary     law     11-24 

Elections,     biennial     24-38,  41-44 

Expenditures,     political     .60-63.  64-66 


Fees    of    candidates    13-14 

election      recount      44 

primary      recount      21 

Governor,  declaration     of     candidacy     13 

election     of     48-49 

primary     petitions     for     15-16 

Mayor,     election    of    76 

Moderator,     declaration    of    candidacy    13-14 

Nominations     by     petition     : 15-16,  23 

Party      conventions      23 

delegates     to      14 

enrollment     17-19 

Political     parties    recognized    24 

Polls,    opening    and    closing    34 

Precincts,     voting     38-40 

President,     electors     of     47-48 

Presidential      primary      44-47 

Publicity     of     political     expenditures     60-63 

Purity     of     elections     54-60 

Recount,  election      43-44 

primary      21-22 

Reprssentatives    in    Congress    50-51 

to    General.   Court     53 

declarations    for  13-14 

petitions     for 15-16 

Senator,  state,  declaration     of     candidacy     13-14 

election     of     48-49 

primary     petitions     for     15 

United     States     49 

Supervisors      5-9 

declaration     of     candidacy     13-14 

primary     petitions     for     15-16 

Town     meetings      71-72 

officers    73-74 

Vacancies,    how    filled    1 22-46 

Voters,    qualifications    of    3-5 

Voting,    manner    of    , 34-35.  41-42 


ivil47 


THE  UNIVERSITY  OF  CA 


